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Showing posts from July, 2021
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Legal representatives of judgment-debtor liable to satisfy decree passed against him in terms of section 50

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Return of Plaint guidelines - before rejecting plaint ground to be discussed

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partition suit - death of degree holder after passing preliminary degree - order 22 rule 3 or 4 not applicable - only order 22 rule 10 applies

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Instead of dismissing the suit for non jointer of necessary parties - remand back the case to trial court for adding parties

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Public document filed without the world "True copy" can't take as evidence.

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Suit for specific performance was maintainable at least for the share of the executor of the agreement, - share in the property is sold, the vendee has a right to apply for the partition.

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Even farther death before 2004 - daughter right to get property along with brothers as per vineetha Sharma case.

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Advocate entitle to represent before maintenance and welfare of parents tribunal

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There is no bar for Advocate to appeared before Maintenance and welfare of parents Tribunal.

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minor plaintiff can be represented by next friend during lifetime of guardian - suit against minor - guardian not appointed - degree cannot be set aside in absence of prejudice to minor defendant.

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suit property purchased from sale proceeds from ancestral property - property remains co parcenary property - predeceased son's widow entitled to partition

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Transferee pendant light without leave of the court cannot seek impleadment in Suit as of right

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children of person who is party to agreement to sell not necessary party.

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Sale made in favour of respondents 3 to 5 in violation of court order by defendant - To avoid multiple proceedings impleadment of respondents 3 to 5 as parties to the suit warranted.

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Application for impleading by subsequent purchaser during pendency of suit for permanent injunction is maintainable

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An ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity

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PARTITION DECREE IS PASSED ON THE BASIS OF COMPROMISE,IT IS FINAL DECREE

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suit for specific performance based on unregistered agreement to sell is maintainable

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compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not require compulsory registration.

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NOT ALWAYS NECESSARY THAT ATTESTING WITNESSES SHOULD ACTUALLY SEE THE TESTATOR SIGNING THE WILL: SC

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Adopted child is entitled to partition equal to natural son - Appeal by co sharer in partition suit is maintainable.

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suits relating to setting aside a fathers' alienation - limitation of 12 years - start running from the date when the alienee, takes possession of the suit property.

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Impleadment of a third party cannot be allowed to change the character or the nature of the suit filed for specific performance of an agreement for sale - Plaintiff cannot be forced to add parties

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Third party purchaser not party to agreement to sell need not impleaded

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Not a party to the agreement and acquiring the status as a co-owner during pendency of a suit for specific performance, is not obtaining, by assignment or creation or by devolution, an interest - Hence, Order 22, Rule 10 Civil Procedure Code, 1908 - Has no application.

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Third-party claimed independent title to the suit property and Sought to implead - not maintainable.

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The person who was not a party to contract not entitled to implied - specific performance based on unregistered agreement to sell maintainable - time is not essence of contract.

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Restoration application allowed on condition to deposit cost - not complied - court has power to extend time even after lapse of period determined.

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

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specific performance - DFD - Restoration allowed on condition to pay cost - cost not paid - application for extension of time maintainable.

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Cost imposed for allowing ex-party set aside petition - cost not paid within period - application for extension of time file after expiry of time is maintainable.

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court cannot extend time - auction sale become nullity on failing to pay balance sale consideration within 15 days.

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suit for specific performance based on unregistered agreement to sell is maintainable

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court cannot extend time - auction sale become nullity on failing to pay balance sale consideration within 15 days

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Time fixed for payment of sale consideration under order 21 rule 84 rule 86 - is mandatory - time has not been fixed by court but fixed by code and court has no power to extend time fixed by law.

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court has power to extend the time for payment of cost even after expiry of the original period.

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Extension of time for payment of costs beyond the maximum period of 30 days can be permitted by court even after expiry of date.

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court has power to extend the time for payment of cost even after expiry of the original period.

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EP dismissed for default - Restoration petition dismissed for default - on appeal Restoration ordered on payment of cost - time can be extended for payment of cost.

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Suit dismissed for non payment of cost - Appeal will lie.

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In default of payment of cost suit dismissed - after expiry of period after 7 month court cannot extend time.

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Suit decreed on condition that certain amount is paid within a specified time - in default the suit will stand dismissed - after expiry time court can extend time.

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Court can extend time for payment of cost.

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Deed of exchange is valid mode of transfer.Transferee got absolute title over the property - her legal heirs cannot claim partition over the proeprty which was exchanged.

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suit for possession of leased property - limitation for filing suit is 12 years starting from expiry of lease.

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Separate suit to enforce delivery of possession would, therefore, be not maintainable

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An attachment of the undivided share of a member of a joint family during his lifetime operates as a division of interest and causes severance of status.

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An attachment of the undivided share of a member of a joint family during his lifetime operates as a division of interest and causes severance of status.

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Marriage Registration certificate is not conclusive if one party repudiated it.

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Registration of the marriage is only discretionary, not compulsory

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Registration of fake marriage can be cancelled - a marriage conducted in secrecy with few strangers around, be it Suyammariyathai form, will not amount to solemnization

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Registration of fake marriage can be cancelled - advocates are not entitled or permitted to conduct marriages in their office.

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Difference Between Attachment before judgement and Injunction restraining alienation

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Insistence of the opposite party, to furnish sufficient security cannot be termed as negligent act

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