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Showing posts from January, 2022

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January 31, 2022

Specific Performance - not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assessed plaintiff was ready and willing to perform his obligations under the contract

January 31, 2022

Section 69(2) is not a bar to a suit filed by an unregistered firm, if the same is for enforcement of a statutory right or a common law right - contact in question was not dealing with business.

January 31, 2022

Jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.

January 30, 2022

Mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to written statement to a counter-claim.

January 30, 2022

Section 52 of Transfer of Property Act, 1882 does not operate as a bar to grant of temporary injunction under Order 39 Rules 1 and 2, of Civil Procedure Code.

January 30, 2022

Irrespective of the place where the award was passed, it is to be executed by a Court within whose jurisdiction the Judgment Debtor resides, carries on business or his property is situated - execution proceedings can be straightaway filed in the court where the Judgement Debtor's assets are located.

January 29, 2022

Real difficulties of a litigant begin after obtaining the decree and the same situation as in 19th century persist even after a century now - Foreign Decree can be executed in India

January 29, 2022

Judgment-debtor cannot be allowed to raise objections as to the method of execution in instalments - principle of res judicata under Section 11 CPC is also applicable to execution proceedings - After sale of Entire property - during issuance of sale certificate - JD cannot question entire property sold under rule 64.

January 29, 2022

Patta Name can be transferred using Unregistered Will

January 29, 2022

"A" executed will in favour of"B" and"C" allotted 1/2 share each - original will is in the hands of"B" - "C" can execute settlement deed in respect of his 1/2 share without producing original will.

January 29, 2022

Document lost - non traceable certificate and Certified copy of the document is sufficient for Registration of document without insisting original parant document.

January 29, 2022

In respect of Ancestral Property Registration can be done based on Revenue Records.

January 28, 2022

A document of partition which provides for effectuating a division of properties in future is not compulsorily registrable under Section 17 of the Registration Act,

January 27, 2022

Share of daughter - Her father died before coming into force of Hindu Succession Act, 1956 - Hence case would be governed by Old Shastrik Hindu Law - Share of her father would devolve by survivorship and not by succession - Consequently his share would pass to his brother, the surviving co-parcener - His daughter would not be entitled to any share.

January 27, 2022

Directed the insurance company to first pay compensation to the claimants and then recover the same from the vehicle owner.

January 27, 2022

The alternative remedy in itself won't constitute a bar for the High Court to exercise its revisional powers under Article 227 - Registry shouldn't have queried about the maintainability.

January 27, 2022

Width of Nilaviyal Vandipathai explained

January 27, 2022

Judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.

January 26, 2022

Tenancy created before commencement of new act - expiry before or after commencement of act - rent court has jurisdiction - Unregistered or oral Tenancy created after commencement of new act and expiry - new act not applicable - only common law remedy (TP Act).

January 26, 2022

S.60(1) Proviso(c) - S.60(1) does not apply to mortgage decrees - House belonging to agriculturist is not exempt u/S.60 (1) proviso (c) in execution of decree based on mortgage of that house

January 26, 2022

S.60(1) Proviso(c) - Proviso does not apply to mortgage decree - agriculturist has mortgaged his house, the sale of the house it execution of the mortgage decree is not prohibited by the proviso.

January 26, 2022

Tiled house belonging to an agriculturist which is required by him and is in his possession and enjoyment is exempt from attachment under S. 60(1) proviso (c)

January 26, 2022

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Indian Law News

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Specific Performance - not only necessary to view whether he had the financial capacity to pay the balance consideration, but also assessed plaintiff was ready and willing to perform his obligations under the contract

Section 69(2) is not a bar to a suit filed by an unregistered firm, if the same is for enforcement of a statutory right or a common law right - contact in question was not dealing with business.

Jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.

Mandatory time limit of 120 days to file a written statement in a commercial suit is not applicable to written statement to a counter-claim.

Section 52 of Transfer of Property Act, 1882 does not operate as a bar to grant of temporary injunction under Order 39 Rules 1 and 2, of Civil Procedure Code.

Irrespective of the place where the award was passed, it is to be executed by a Court within whose jurisdiction the Judgment Debtor resides, carries on business or his property is situated - execution proceedings can be straightaway filed in the court where the Judgement Debtor's assets are located.

Real difficulties of a litigant begin after obtaining the decree and the same situation as in 19th century persist even after a century now - Foreign Decree can be executed in India

Patta Name can be transferred using Unregistered Will

"A" executed will in favour of"B" and"C" allotted 1/2 share each - original will is in the hands of"B" - "C" can execute settlement deed in respect of his 1/2 share without producing original will.

Document lost - non traceable certificate and Certified copy of the document is sufficient for Registration of document without insisting original parant document.

In respect of Ancestral Property Registration can be done based on Revenue Records.

A document of partition which provides for effectuating a division of properties in future is not compulsorily registrable under Section 17 of the Registration Act,

Directed the insurance company to first pay compensation to the claimants and then recover the same from the vehicle owner.

The alternative remedy in itself won't constitute a bar for the High Court to exercise its revisional powers under Article 227 - Registry shouldn't have queried about the maintainability.

Width of Nilaviyal Vandipathai explained

Judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.

Tenancy created before commencement of new act - expiry before or after commencement of act - rent court has jurisdiction - Unregistered or oral Tenancy created after commencement of new act and expiry - new act not applicable - only common law remedy (TP Act).

S.60(1) Proviso(c) - S.60(1) does not apply to mortgage decrees - House belonging to agriculturist is not exempt u/S.60 (1) proviso (c) in execution of decree based on mortgage of that house

S.60(1) Proviso(c) - Proviso does not apply to mortgage decree - agriculturist has mortgaged his house, the sale of the house it execution of the mortgage decree is not prohibited by the proviso.

Tiled house belonging to an agriculturist which is required by him and is in his possession and enjoyment is exempt from attachment under S. 60(1) proviso (c)

Applicability - 'Properties liable to be attached andsold' - Mortgage decree is outside the purview of S.60(1) and Proviso thereunder.