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Showing posts from August, 2021
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August 31, 2021
petition filed under Order 38, Rules 8 to be continued even beyond the date of decree of the suit, and that the said application has got to be tried as if it is a plaint as per Order 21, Rules 58(2) and (4).
August 31, 2021
Attachment before judgement does not cease even after dismissal of execution petition
August 31, 2021
Partition deed after decree - without attachment can't be raised - Executing court can't go beyond the decree
August 31, 2021
Revenue Records — Mutation entries Mutation entries neither create nor extinguish title over property.
August 31, 2021
Patta and adagal will not confer title
August 31, 2021
Land classified as gramanatham never vested with government ad government was not permanent owner
August 31, 2021
Patta cannot be granted during pendency of civil litigations
August 31, 2021
Revenue Records — Mutation entries Mutation entries neither create nor extinguish title over property.
August 31, 2021
possession can be proved by revenue records
August 31, 2021
A person can not claim title in property even if his property is recorded in his name in revenue record
August 31, 2021
Revenue records doesn't confer title - Revenue records are not document of title
August 31, 2021
JD have business within jurisdiction of transferee court - judgment-debtor cannot dictate terms to the decree-holder in filing Execution Petition and to satisfy the decree, in the absence of any legal bar
August 31, 2021
order of attachment before judgement has been ceased by the dismissal of Execution without any order regarding continuation of the attachment order,
August 31, 2021
property was sold by judgment debtor privately to a third party and by the third party to another person during subsistence of attachment, the sale was to be held as void
August 30, 2021
Transaction has been held to be fraudulent, a party should not bedriven to a Civil Court to cancel the document and proper entry has to bemade in the Encumbrance Certificate reversing the earlier entry.
August 30, 2021
Transaction has been held to be fraudulent, a party should not bedriven to a Civil Court to cancel the document and proper entry has to bemade in the Encumbrance Certificate reversing the earlier entry.
August 30, 2021
Even after getting judicial seperation from first wife - second wife is not entitled to receive family pension.
August 29, 2021
under Section 16 of the Act, only parents or the senior citizen can maintain appeal
August 29, 2021
Appeal from order of tribunal can be maintainable by both parties.
August 28, 2021
surety does not have a right to dictate terms to the creditor as to how he should make the recovery and pursue his remedies against the principal debtor at his instance.
August 28, 2021
More than one guarantor - Liability has to be shared equally - property of which guarantor is to be put in auction by making reference to R.8(5)of Security Rules, 2002 - To be raised before DRT -
August 28, 2021
Surety's liability - Is co-extensivewith that of principal debtor.- The guarantor cannot be allowed to say that he cannot be compelled to take the decretal amountuntil all the remedy is exhausted against the Principal debtor.
August 28, 2021
Action directly againstguarantor - Without taking action against borrower - Not illegal.
August 28, 2021
Liability of surety - Nature of - Liability not deferred - surety is bound to pay entire amount
August 28, 2021
Liability of surety is co extensive with the principal borrower - surety is bound to pay entire amount
August 28, 2021
once a party has died, his/her death certificate cannot be termed a 'Third Party Information under RTI
August 27, 2021
Property purchased after registration of cancellation of power of attorney - Registration amounts to constructive notice - purchaser must refer EC before purchase - sale deed after cancellation of power of attorney - court fee under section 25 (d) proper.
August 26, 2021
circular regarding unilateral cancellation of settlement deed
August 23, 2021
Attachment of salary - after completion of attachment - notice on cheque petition need not to issue to respondents.
August 22, 2021
When a document is valid, no question arises of its cancellation. When a document is void ab initio, a decree for setting aside the same would not be necessary
August 21, 2021
Irrespective of Nature, once property devolved under section 8 ceases as joint family property - Property acquired by father under partition is treated as his seperate property.
August 21, 2021
properties derived by first Defendant are his separate properties
August 21, 2021
Nature of the suit properties derived by Kandasamy partition deed being his self acquired properties and not ancestral properties - Vineetha sharma case not applicable to separate properties - it applicable only Ancestral properties.
August 21, 2021
Son and father divide the suit property - property alloted to father treated as his seperate property - after his demise devolved upon son as seperate property
August 21, 2021
Once the partition is effected in the coparcenary property, - properties allotted to share became the separate properties
August 21, 2021
settlement deed subsequent to will be eating a revocable impliedly cancels all other testamentary document including will
August 21, 2021
Creditor can file execution against guarantors alone
August 20, 2021
Decree becomes enforceable the moment the judgment is delivered - S 5 of limitation Act is not applicable to filing of execution application.
August 20, 2021
Guarantor is liable to pay entire amount
August 20, 2021
when the son inherits the property, as per Section 8 of the Hindu Succession Act, 1956, he does nto take it as Kartha of his own undivied family, but take it in his individual capacity - During the lifetime of father grand son or grand daughter cannot lay a claim for partition.
August 20, 2021
When a male has son, sons son or sons sons son in existence at the time of inheritance they become entitled to an interest - son born after inheritance not claimed partition
August 20, 2021
Father death before 1956 - Property inherited by son thereafter inherited by son's widow - partition suit filed by in-laws against deceased son's widow is not maintainable
August 20, 2021
Father death before 1956 - at the time of death plaintiffs mother alive - daughter claim partition only from the share of mother
August 19, 2021
Plaintiff is dominus litis - Impleadment of parties can't be done without his consent
August 19, 2021
Transfer in violation of Section 11 of the Hindu minority and guardian ship act is held to be void abinitio
August 19, 2021
sale by the defacto guardian of the minor's interest in the joint family property was void abinitio
August 19, 2021
Minor's property has been sold by the mother of the minor, without obtaining the permission of the District Court - sale is liable to be cancelled at the instance of the minor
August 19, 2021
Release deed executed by minor without obtaining prior permission of Court - claim for partition would be possible without reference to release deed.
August 18, 2021
Properties derived by way of the partition deeds, - they are only the separate properties - Grand son has no locus standi to maintain suit for partition.
August 18, 2021
legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division,
August 17, 2021
Father of JD died after passing the decree - EP for arrest filed against LRS of decesed person - EP for arrest not maintainable against LRS - EP dismissed
August 11, 2021
In absence of prayer for refund of advance amount - court can't order for refund of earnest money
August 10, 2021
Registration of court decree - Limitation doesn't apply - Because it doesn't require registration.
August 10, 2021
Refund of court fee - matter settled out of court - Plaintiff entitled to refund of full court fee
August 10, 2021
Registration of compromise decree - only registration fee levied - stamp duty doesn't require
August 09, 2021
Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC
August 09, 2021
It is not necessary that the plantiff should be in actual possession of the whole of the property - court fee paid under section 37(2) is proper.
August 05, 2021
DEATH OF ONE OF THE PRINCIPAL DOESN'T TERMINATE HIS AUTHORITY AS REGARDS THE SURVIVING PRINCIPAL
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