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Showing posts from June, 2021

Erection of electricity line through common pathway is permissible

public pathway cannot be put in use for any other purpose - bore well cannot be dig by public authority in such pathway.

Defendant has right to lay underground pipeline through common pathway

Even after re marriage widow is entitled to compensation for death of her first husband

After re marriage widow losses her dependency on her first husband - she not entitled to compensation

unregistered un stamped Koor chit not admissible in evidence even for collateral purpose.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

For an Unoccupied Grama Natham, which is otherwise known as Natham Poramboke, it was the practice of the Government to issue assignment for the individuals and on such assignment, that person becomes the owner of the house site.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.

Nominee has to be treated as a trustee and he is entitled to receive the amount only and he has to pay the amount to the persons who are entitled under law of succession

15 days wages of monthly rated employee - computation - basis for - monthly wages last drawn by him to be treated as wages for 26 working days and not 30 days.

IT was permissible for the employer to withhold the payment of gratuity even after the employee had attained his superannuation from service because of the pendency of disciplinary proceedings against him

No need for employees to apply for payment of gratuity

Defendants are not entitled to forfeit the amount of advance. Even though the plaintiff has not asked for the alternative relief of return of advance amount, the Court is empowered to mould the relief.

Defendants are not entitled to forfeit the amount of advance. Even though the plaintiff has not asked for the alternative relief of return of advance amount, the Court is empowered to mould the relief.

Father executed sale deed in favour of son and daughter-in-law - daughter is attesting witness - daughter seeking partition without cancellation of sale deed not maintainable.

A transaction has been held to be fraudulent, a party should not bedriven to a Civil Court to cancel the document - proper entry has to be made in the Encumbrance Certificate reversing the earlier entry .

If a suit is filed for partition in respect of Estate - shall send the said decree to the Collector - suit is filed in respect of ryotwari land - court has to pass preliminary decree and thereafter pass final decree.

when no appeal has been filed as against the preliminary decree, the party to the preliminary decree cannot challenge the correctness of the preliminary decree in an appeal filed against the final decree

parties to the preliminary decree, are estopped from taking any contention at the stage of final decree, which was not raised in the suit

Under Section 97 of CPC - matters, which are concluded by preliminary decree cannot be re-agitated in an appeal against the final decree.

Execution court to call upon person filing application to set aside sale to furnish security equal amount mentioned in sale warrant.

Execution court to call upon person filing application to set aside sale to furnish security equal amount mentioned in sale warrant.

Even after passing the final degree preliminary decree can be challenged by way of appeal.

Principal cancel the power of attorney - send notice to agent - refused to receive - presumed service - after cancellation of power, agent executed sale deed - need not cancel - mere declaration enough - Registration of document is amount to deemed notice to public

Payment under this rule is directory - court has power to extend time for payment.

Orders from rule 89 and 58 of order 21 are appealable

Even after the expiry of the time limit fixed by the Court below for the payment of costs, the application for extension of time for payment of costs is permissible

Non compliance of conditional order for payment of cost - no need to prefer appeal - can seek extension of time by filing petition under section 148.

Against the order dismissing a suit for non­payment of cost remedy of appeal U/s 104(1)(ff) is available and revision is not maintainable

order dismissing the suit U/s 35B CPC tantamounts to decree and application U/o 9 Rule 9 CPC for restoration of the suit is not maintainable and that appeal would lie against the order of dismissal.

An order dismissing a suit for default in payment of costs is appealable - as a degree - court can extend time for payment of costs.

Conditional Order by Court allowing petition on payment of costs with direction that otherwise the petition will stand dismissed' - It could grant extension of time for payment of costs.

Restoration of suit on payment of costs within specified time - court can extend time even after expiry of period within fixed for payment of cost.

After completion of lettable distribution government cannot seek priority

government cannot seek priority over individual.

casts - non payment - does not entitle dismissal of suit - words "further prosecution of suit" - means further participation in suit - not dismissal - court can extend time.

provision U/s 35B CPC is mandatory and if the party fails to pay costs on the next date, the court is bound to disallow the prosecution of the suit

order dismissing a suit for non­payment of cost remedy of appeal U/s 104(1)(ff) is available and revision is not maintainable.

Order dismissing a suit for non­prosecution and the order would not amount to decree and the aggrieved party could apply U/s 151 CPC for recalling the order

Legal heirs of degree holder filed EP against JD - for violation of permanent injunction - execution filed by one of legal heirs is maintainable.

Attachment before judgement of Money belonging to dependent and lying in bank account.

Assignment of degree - degree has no market value - stamp duty to be computed according to actual consideration recited in deed.

property acquired by way of partition deed become self acquired property

suit by another degree holder entitled to wettable distribution for money due to come article 62 applies time beginning when sale was confirmed.

Application for ratable distribution of assets dismissed for default - fresh application is maintainable.

Attachment before judgement - execution dismissed for default - order 21 rule 57 not applicable to such attachment - attachment continuous.

Application for set aside sale dismissed for default without restoring it separate suit not maintainable.

Rateable distribution between degree holders allowed.

The JD who has been adjudicated insolvent even Prior to the sale entitle to have the sale set aside.

application for setting aside sale - court can seek security

sale of mortgage property first preference to 1st mortgagee - 2 nd preference to 2 nd mortgagee thereafter simple money degree.

Mortgage degree - private sale By judgement debtor - permissible.

Difference exist in extent of property between revenue records and actual extent available on ground - extent within four boundary in sale deed prevail.

Defendent ready to execute sale deed - but plaintiff refused to accept sale deed - plaintiff not entitled to recover amount paid by them.

sale of property with intent to defeat creditor - period of three month limitation for purpose of Filing insolvency petition to be computed from date of registration - not from date of execution of document.

Application claiming ratable distribution ought to have been filed before the property is brought in to sale is untenable.

If a decree-holder has obtained attachment before judgment, it is not necessary for him to file an E.P. in the context of rateable sharing of the sale proceeds - even after sale of property, application for ratable distribution can be filed - salary can be distributed.

For filing rateable distribution - once there exist an attachment in favour of petitioner - filing of EP is not necessary at all - salary can be distributed.

Decree holder can maintain an execution petition to enforce the decree for permanent injunction obtained by him not only as against the judgment debtors, - also as against the purchasers of the property in question from the judgment debtors

subsequent purchaser has been disspossed of immovable property and application for restoration of possession can be maintained.

A valid, true, and enforceable agreement to sell will prevail over attachment of property - validity not proved - husband of degree holder purchase the property - no bar.

claim petition and stay application filed by subsequent purchaser - till dispute is finally adjudicated, stay of further execution proceeding has to be made - order of attachment and order raising attachment to be communicated to registrar.

Registration of sale deed after order of attachment of property by court would have no effect.

Objection to attachment of property - petition under order 21 rule 58 can be filed before actual seizure has taken place - not premature.

Assignee of degree holder filed application before court which passed the degree for transmission and recognise assignee of degree holder - executing court cannot insist assignee for recognition under order 21 rule 16.

Duty of auction purchaser to file application for delivery of possession and issuance of sale certificate within one year from date of confirmation of sale - application filed after 20 year - barred limitation.

partition suit bad for non joinder of necessary party

civil suit pending - no injunction restraining alienation - sale deed directed to be registered.

Interest to be awarded from date of institution of plaint and not from date of degree.

within 3 years from the date of publication of notice - land is not acquired by agreement - land shall be deemed to be released from such reservation.

subsequent purchaser seeking Impleading - plaintiff is dominus litus - cannot forced to add party against his will.

order of attachment cannot be bar to register the document -

order of attachment does not bar for registration of document.

Bank mortgage - sold in auction - sale certificate issued - registrar refused to register the sale certificate - because of another attachment - subsequent attachment to Mortgage is no bar for registration.

Determination of income in partition suit different from determination of profits - Section 44 provides Court fee payable in suit for possession and Mesne profit - not applicable to partition suit.

Executing Court can go beyond the degree - specific performance degreed - sale deed executed by Court - EP for delivery of possession filed - children of defendant filed application for set aside sale deed - judgement unreasoned - remand back ordered.

Executing Court has Power to order making payment through installment

Application for Impleading after preliminary degree could be entertained - preliminary degree could be rectified.

memorandum of compromise entered into between parties to partition suit clearly Recorded - final decree - based on such Compromise is executable.

Direction for defendent to produce document in his press posssession can be allowed under order 11 rule 12

Court has ample power to grant leave to file Additional Written Statement - even subsequent development/event by means of rejoinder can be pressed into service - ought not to be inconsistent with the defence/defences taken earlier.

Additional written statement can be filed after commencement of trial - new plea can be raised in additional written statement.

Tenancy pleaded and not established - suit for declaration and possession - Civil Court has jurisdiction - limitation for suit for recovery of possession is 12 years.

As per section 47 of New act - all proceedings pending under old act to be disposed of in accordance with old act.

Cultivating Tenant is not necessary party in final decree - Encumbrance Certificate is neceaasary for Final Decree - claim petition by Lis pendens purchaser - dismissed on maintainability - deemed to be a degree - Appeal Maintainable.

Transferee pendentlite can file application under order 9 rule 13 - he can Impleading in Execution proceedings also order 21 rule 97

Only way of executing the decree is as is mentioned in Order 21, Rule 32, C.P.C. - bar Under section 56 for prohibition of arrest of women is only to money degree not for Execution of permanent injunction.

Decree holder must file an application for attachment of judgement debtor's property. Without exhausting the said option, an application for arrest is not maintainable.

principal Section does not prescribe any such mode, it is not open to this Court to insist that the decree holder must file an application for attachment of property and only thereafter apply for arrest.

Though there is some discrepancy in respect of extent, it will not prevail - four boundaries alone will prevail.

Eviction petition can be entertained Under old act until publication of new act.

Encumbrance certificate issued by registration department - non mention the previous court attachment - purchased by plaintiff liable to to get compensation - Civil Court has jurisdiction.

parties to lis can let evidence - right to cross examination - right to appeal is available to aggrieved children also - transfer of possession include Transfer of Property.

unless the sale made by Defendant No. 1 to Defendant No.2, and thereafter by Defendant No.2 to Defendant No.3 are set aside, no decree for specific performance could possibly follow

subsequent sale need not cancelled - Proper form of decree is to direct specific performance of the contract between the vendor and the plaintiff and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the plaintiff

Bona fide purchaser for value, who paid money in good faith without notice of prior sale agreement is not bound to execute a sale deed in favour of the plaintiff

Execution - dispossession by degree holder - without establishing right, title, obstructor cannot claim Restoration of possession - Restoration not allowed.

Degree against dead person is nullity