Posts
Showing posts from June, 2021
Erection of electricity line through common pathway is permissible
- Get link
- Other Apps
public pathway cannot be put in use for any other purpose - bore well cannot be dig by public authority in such pathway.
- Get link
- Other Apps
Defendant has right to lay underground pipeline through common pathway
- Get link
- Other Apps
Even after re marriage widow is entitled to compensation for death of her first husband
- Get link
- Other Apps
After re marriage widow losses her dependency on her first husband - she not entitled to compensation
- Get link
- Other Apps
unregistered un stamped Koor chit not admissible in evidence even for collateral purpose.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
unregistered sale deed - presented for compulsory registration - refused to register - comprehensive suite for registration, specific performance, delivery of possession maintainable.
- Get link
- Other Apps
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
- Get link
- Other Apps
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.
- Get link
- Other Apps
No need for employees to apply for payment of gratuity
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
parties to the preliminary decree, are estopped from taking any contention at the stage of final decree, which was not raised in the suit
- Get link
- Other Apps
Under Section 97 of CPC - matters, which are concluded by preliminary decree cannot be re-agitated in an appeal against the final decree.
- Get link
- Other Apps
Execution court to call upon person filing application to set aside sale to furnish security equal amount mentioned in sale warrant.
- Get link
- Other Apps
Execution court to call upon person filing application to set aside sale to furnish security equal amount mentioned in sale warrant.
- Get link
- Other Apps
Even after passing the final degree preliminary decree can be challenged by way of appeal.
- Get link
- Other Apps
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
- Get link
- Other Apps
Payment under this rule is directory - court has power to extend time for payment.
- Get link
- Other Apps
Orders from rule 89 and 58 of order 21 are appealable
- Get link
- Other Apps
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
- Get link
- Other Apps
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.
- Get link
- Other Apps
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
- Get link
- Other Apps
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.
- Get link
- Other Apps
An order dismissing a suit for default in payment of costs is appealable - as a degree - court can extend time for payment of costs.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
After completion of lettable distribution government cannot seek priority
- Get link
- Other Apps
government cannot seek priority over individual.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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
- Get link
- Other Apps
order dismissing a suit for nonpayment of cost remedy of appeal U/s 104(1)(ff) is available and revision is not maintainable.
- Get link
- Other Apps
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
- Get link
- Other Apps
Legal heirs of degree holder filed EP against JD - for violation of permanent injunction - execution filed by one of legal heirs is maintainable.
- Get link
- Other Apps
Attachment before judgement of Money belonging to dependent and lying in bank account.
- Get link
- Other Apps
Assignment of degree - degree has no market value - stamp duty to be computed according to actual consideration recited in deed.
- Get link
- Other Apps
property acquired by way of partition deed become self acquired property
- Get link
- Other Apps
suit by another degree holder entitled to wettable distribution for money due to come article 62 applies time beginning when sale was confirmed.
- Get link
- Other Apps
Application for ratable distribution of assets dismissed for default - fresh application is maintainable.
- Get link
- Other Apps
Attachment before judgement - execution dismissed for default - order 21 rule 57 not applicable to such attachment - attachment continuous.
- Get link
- Other Apps
Application for set aside sale dismissed for default without restoring it separate suit not maintainable.
- Get link
- Other Apps
Rateable distribution between degree holders allowed.
- Get link
- Other Apps
The JD who has been adjudicated insolvent even Prior to the sale entitle to have the sale set aside.
- Get link
- Other Apps
application for setting aside sale - court can seek security
- Get link
- Other Apps
sale of mortgage property first preference to 1st mortgagee - 2 nd preference to 2 nd mortgagee thereafter simple money degree.
- Get link
- Other Apps
Mortgage degree - private sale By judgement debtor - permissible.
- Get link
- Other Apps
Difference exist in extent of property between revenue records and actual extent available on ground - extent within four boundary in sale deed prevail.
- Get link
- Other Apps
Defendent ready to execute sale deed - but plaintiff refused to accept sale deed - plaintiff not entitled to recover amount paid by them.
- Get link
- Other Apps
Application claiming ratable distribution ought to have been filed before the property is brought in to sale is untenable.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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
- Get link
- Other Apps
subsequent purchaser has been disspossed of immovable property and application for restoration of possession can be maintained.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
Registration of sale deed after order of attachment of property by court would have no effect.
- Get link
- Other Apps
Objection to attachment of property - petition under order 21 rule 58 can be filed before actual seizure has taken place - not premature.
- Get link
- Other Apps
partition suit bad for non joinder of necessary party
- Get link
- Other Apps
civil suit pending - no injunction restraining alienation - sale deed directed to be registered.
- Get link
- Other Apps
Interest to be awarded from date of institution of plaint and not from date of degree.
- Get link
- Other Apps
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.
- Get link
- Other Apps
subsequent purchaser seeking Impleading - plaintiff is dominus litus - cannot forced to add party against his will.
- Get link
- Other Apps
order of attachment cannot be bar to register the document -
- Get link
- Other Apps
order of attachment does not bar for registration of document.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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.
- Get link
- Other Apps
Executing Court has Power to order making payment through installment
- Get link
- Other Apps
Application for Impleading after preliminary degree could be entertained - preliminary degree could be rectified.
- Get link
- Other Apps
memorandum of compromise entered into between parties to partition suit clearly Recorded - final decree - based on such Compromise is executable.
- Get link
- Other Apps
Direction for defendent to produce document in his press posssession can be allowed under order 11 rule 12
- Get link
- Other Apps
Additional written statement can be filed after commencement of trial - new plea can be raised in additional written statement.
- Get link
- Other Apps
Tenancy pleaded and not established - suit for declaration and possession - Civil Court has jurisdiction - limitation for suit for recovery of possession is 12 years.
- Get link
- Other Apps
As per section 47 of New act - all proceedings pending under old act to be disposed of in accordance with old act.
- Get link
- Other Apps
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.
- Get link
- Other Apps
Transferee pendentlite can file application under order 9 rule 13 - he can Impleading in Execution proceedings also order 21 rule 97
- Get link
- Other Apps
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.
- Get link
- Other Apps
Though there is some discrepancy in respect of extent, it will not prevail - four boundaries alone will prevail.
- Get link
- Other Apps
Eviction petition can be entertained Under old act until publication of new act.
- Get link
- Other Apps
Encumbrance certificate issued by registration department - non mention the previous court attachment - purchased by plaintiff liable to to get compensation - Civil Court has jurisdiction.
- Get link
- Other Apps
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.
- Get link
- Other Apps
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
- Get link
- Other Apps
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
- Get link
- Other Apps
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
- Get link
- Other Apps
Execution - dispossession by degree holder - without establishing right, title, obstructor cannot claim Restoration of possession - Restoration not allowed.
- Get link
- Other Apps
Degree against dead person is nullity
- Get link
- Other Apps