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Showing posts from March, 2022

Summons By Registered Post AD Can't Be Served Directly On Defendant Residing Outside Court's Jurisdiction: Punjab & Haryana HC

Judgement against wife in suit not adequate in law to bind her husband

Provisions of Ss.41 and 43 not applicable to involuntary transfers like auction sales.

Plaint filed with deficit court fee - Time to pay deficit court fee granted - Payment of court fee is a matter between state and suiter

Court fee paid on suit was deficient - make up after period of limitation without any order or application as required under section 149 of CPC - suit is barred under law - plant rejected - condonation of delay in re-presentation of plaint - notice is necessary for the respondent,

No restriction has been imposed by fixing time frame to file an additional written statement .

Court fee paid on suit was deficient - make up after period of limitation without any order or application as required under section 149 of CPC - suit is barred under law - plant rejected.

condonation of delay in re-presentation of plaint - notice is necessary for the respondent,

condonation of delay in re-presentation of plaint - notice is necessary for the respondent,

condonation of delay in re-presentation is only an administrative act and even no notice is necessary for the respondent, therefore, it is a matter in between the petitioner and the Court

proceedings under Sec.5 of the Limitation Act are applicable while considering the delay in re-presentation of the papers

condonation of delay in re-presentation is only an administrative act and even no notice is necessary for the respondent, therefore, it is a matter in between the petitioner and the Court

condonation of delay in re-presentation is only an administrative act and even no notice is necessary for the respondent, therefore, it is a matter in between the petitioner and the Court

Original trade mark holder died intestate - Sons of Class-I heirs would not have any right by birth in such properties -

காசோலையில் புகார்தாரரின் கையெழுத்து ஒரு பேனா மையிலும், மற்றவை மற்றொரு பேனா மையிலும் எழுதப்பட்டிருந்தால் அந்த காசோலை செல்லாது

Will cannot be admitted in evidence unless without examination of one of the witness, even if the execution of the document is expressly admitted or not specifically denied by the opposite party.

officers can't be allowed to promote encroachers by allotting alternative lands elsewhere.

Even if GOD encroaches upon public space, Courts will direct removal of such encroachments" - Plaintiff cannot denied the right to use public road if he has alternative access to his property

The possession of a co-owner however long it may be, hardly by itself, will constitute ouster. In the case of a co-owner, it is presumed that he possesses the property on behalf of the entire body of co-owners.

The provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder.

Once property is alienated showing adjacent property as pathway, thereafter, vendor would not have any right over said pathway - Vendor cannot retain any portion of appurtenant separately and alienate it to his whims and fancies to third parties.

courts have to adjudicate on all the issues raised in a case and render findings and the judgment on all the issues involved.

Encroachment of adjoining land - dispute as to boundaries - boundary map prepared by revenue authorities validated the claim of respondent plaintiff - Removal of Encroachment Ordered.

Mere agreement of sale would note exonerate tenant from obligation to pay rent unless there is specific and express term providing termination of relationship of landlord and tenant and absolving tenant from future liability to pay rent

There was an agreement of sale between the landlord and the tenant and 50 per cent of the sale consideration had been paid by the tenant to the landlord already. There is no recital in the sale agreement to pay rent by the tenant to the landlord

Mere agreement of sale will not terminate the landlord tenant relationship and the liability of the tenant to continue to pay the rent, unless there are specific recitals to the contrary in the agreement of sale.

Despite the alleged oral agreement of sale with one of the co-owners, even if it is found to be true, the tenant will still be under an obligation to pay the rent to the landlord

Despite the alleged oral agreement of sale with one of the co-owners, even if it is found to be true, the tenant will still be under an obligation to pay the rent to the landlord

landlord and tenant entering into agreement of for sale of property occupied by tenant, tenant is bound to pay rent even if landlord enters into agreement of sale unless there is specific recital not to pay rent in sale agreement

Mere agreement of sale will not terminate the landlord tenant relationship

Adjustment of advance amount towards arrears of rent, is not permissible when arrears of rent exceeds advance amount

The tenant can be said to be in arrears of rent despite availability of advance rent with landlord. Landlord is not bound to adjust amount of advance rent available with him against arrears

Failure to pay rent may have civil consequences, but is not a penal offence under the Indian Penal Code,

Agreement of Sale between lessor and lessee - Relationship of landlord and tenant ceases to exist oncesaid agreement is entered and portion of sale consideration is accepted by seller landlord - eviction petition on ground of wilful default - Is notmaintainable.

when an agreement of sale is entered into by a landlord and a tenant, the nature of the existing relationship changes and thus parties cannot go back to their old relationship and seek relief in terms of such relationship

It is open to the temples to avail the common law remedy by filing a regular suit or invoking Section 78 of the HR & CE Act for the eviction of a tenant.

suppression of information relating to a criminal case by a candidate can be ignored in certain situations.

Can an Adopted Child be Issued Caste Certificate of Adoptive Parent’s Caste? Answers Bombay High court.

when execution petition was filed, then only applicant decided to file appeal alongwith condonation of delay application just to avoid execution proceedings - delay not condoned.

A son doesn't have any right, title or settled and enforceable share in his parent's flats till they are alive.

Sale deed executed in favour of plaintiff - Pending registration for want of income tax Clearance - vendor executed sale deed in favour of third parties - Sham and nominal - Plaintiff entitled to relief of declaration.

For relief of permanent injunction parties of suit has to prove who is in possession of suit schedule property by examining evidence and documents and not through Advocate Commissioner even though, defendant has given no objection for appointment of Advocate Commissioner.

Specific performance - decree - Non-payment of balance sale consideration by plaintiff within fixed time period does not amount to abandonment of contract and consequent rescinding of same.

Attachment before judgment - Simultaneous orderi.e., issuance of show cause notice and issuance of conditional order of attachment - Can be passed.