Posts

Showing posts from February, 2021

Partition how effected if there is no first class legal heirs.only second class legal heirs available for partition.

order 7 rule 11 petition filed by one of the defendant.He must sent notice to other defendant who was already set ex parte.

Payment of Maintenance under S. 125 CrPC: From the ‘date of application not from ‘date of order’

salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment of salaries and pensions should be directed to pay interest at an appropriate rate.

Registrar, may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if it is made by a competent Civil Court.

Only senior citizens or parents entitled to file appeal against orders passed under Senior Citizen Act, 2007

consent decree based on admission recognising pre existing rights under oral Family settlement does not require registration

sale deed in the year 2009 - suit filed for cancellation on 2014 - barred by limitation - plaint can be rejected on this ground - sale deed cannot be canelled for even for non payment of consideration. The only remedy in such case is recovery for money

Partition suit by minor - property subject matter of SARFASI - civil court will definitely have jurisdiction to grant interim orders,

classification of the land and the nature of user, on the date of registration shall be taken as criteria for fixing the market value. But, the authority shall not fix the value on the basis of future development

classification of the land and the nature of user, on the date of registration shall be taken as criteria for fixing the market value. But, the authority shall not fix the value on the basis of future development

manufacturer will not be liable for the fault of the dealer, unless it is proved that the manufacturer was aware of the deficiency of the dealer,

Married woman's heirs on her parental side not strangers for the purposes of succession under Hindu Succession Act - She can execute settlement deed in favour of parental side heirs.

Court can mould relief to return the advance money - if there is no prayer for alternative relief

An agricultural lease exceeding one year compulsory registrable - un registered - un stamped agricultural lease deed not admissible in evidence.

Bank had broken open locker of appellant – Non payment of rent dues - Banks should not have the liberty to impose unilateral and unfair terms on the consumers

civil court hearing all suits of civil nature, where statutory circulars and instructions provide for decision on grievances, civil courts are excluded from taking cognizance

subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a specific performance suit.

Suit filed without without exhausting remedies under the Act is not maintainable

suit for injunction from restraining the Board from imposing the penalty for misuse of electric energy - an alternative remedy is available before the authorities and so, the suit is not maintainable

Circular regarding limitation of 30 days for taking action against grievance redressal petition

Activities in issue are sericulture, floriculture, horticulture, mushroom cultivation, cattle farming, poultry and bird farming, dairy units and fish/prawn culture. carried out as allied activities of agriculture shall be construed as agricultural activities