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Showing posts from April, 2021
suit for specific performance based on unregistered agreement to sell maintainable
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Grama natham - whoever possess that land is entitled to claim title - plaintiff failed to prove possession - suit dismissed
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No bar for Appointment of Advocate commissioner in suit for bare injunction.
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Execution court to hear Application by allowing parties to let in oral and documantary evidence.
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Settlement of ancestral property not to be done - Settlement effected with consent of all other co parcener - valid - Unilateral cancellation of settlement deed is not valid.
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Suit institute against dead person - order 22 rule 4 will apply only when party dies during pendency of suit - Impleading application maintainable under order 1 rule 10 of CPC.
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The decree, as it stands having been passed against a dead man, can't be executed against the representatives; who have not been impleaded in the suit as parties. without complying order 22 rule 4 (4)
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property inherited by female would devolve upon the heirs of father in absence of any is issues.
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If execution of settlement deed is not denied _ attesting witness need not be examined - though properties i the name of 1st defendent it is joint family properties.
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Natham land - though patta stood in name of Defendant, actual possession was with Plaintiffs - Suit property was natham poromboke in which neither plaintiffs nor Defendant can claim title – There was no necessity for Plaintiffs to file suit for declaration .
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suit for partition - without seeking cancellation of sale deed in which paintiff was shown as eo nominee party - suit filed after 39 years - barred by limitation
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sale deed executed in breach of order of attachment is clearly void and hit by section 53 of Transfer of Property act - Sub registrar directed not to register sale deed after attachment of property.
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Lawyer failed to inform court of death of diseased and particulars of legal heirs - mandate of order 22 rule 10A not complied - degree against dead person without knowledge of his death not nullity.
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Death of defendant - Application for Impleading legal representative ought to be filed within 90 days from date of death failure suit will abate - within 60 days thereafter set aside abatement - thereafter application for condonation delay is mandated.
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order in application under order 21 rule 97 is in nature of degree - can be challenged only by way of appeal - revision not maintainable
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Judgement debtor can't take exception that decree holder can't execute his decree at first instance against guarantor
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Application for Impleading by Third party in execution proceedings - no scope for Impleading - Proper remedy is to file claim petition.
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personal degree cannot be passed against a LRS of borrowers of D1 - plaintiff would be entitled to degree against estate of D1 in the hands of his legal representative.
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Retiral benefits such as pension and gratuity even when received by the retiree, do not lose their character and continue to enjoy immunity against attachment
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An objection regarding attachment of the property was not taken at the time of attachment, the same cannot be raised at the time of sale
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Once the retirement benefits were received by the employee, they ceased to retain their original character and therefore, capable of being attached.
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Bonus granted to a workman is not exempt from attachment
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Law is well settled that gratuity, leave salary, family benefit fund are all immuned from attachment - whether they are payable to the employee or to his legal representatives
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Gratuity payable to a dock worker under a scheme, is not liable to attachment
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seizure of sequestration, pension or money due or to become due on account of any such pension and this would include the commuted pension also exempted from Attachment
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Retirement benefits namely Provident fund, Gratuity, pension amount cannot be attached
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Retirement benefits namely Provident fund, Gratuity, pension amount cannot be attached
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Retirement benefits namely Provident fund, Gratuity, pension amount cannot be attached - whether they are payable to the employee or to his legal representatives
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Bank has no right to seek for attachment of the retiral benefits including leave salary
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Amount payable under the voluntary retirement benefit scheme is not exempt from attachment
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Amount payable under voluntary retirement scheme is not exempt from attachment
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The garnishee who is directed to pay any sum of money does not pay the amount - the remedy is execution and not to initiate any action for contempt or disobedience.
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