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Showing posts from December, 2022
Agreement for sale of land - Recital in agreement as regards delivery of possession and paymentof part of consideration - Defendant-owner admitting execution of agreement - Plaintiff is entitled to the relief of temporary injunction.
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Pendency of Suit for partition when final decree passed on 30.10.1958 Sale Deed in question executed on 1.9.1958-Sale Deed hit by Section 52
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As per agreement vendor need to obtain Urban Land Ceiling permission From competent authority - Non compliance resulting into breach of agreement - Vendee entitled tod ecree of specific performance - Escalation of price not a ground for deniying specific Performance.
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Writ Jurisdiction can be exercised to nullify decree obtained by fraud on civil court
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Property offered by defendant-seller as a security is inadequate and less than 1/3 of suit claim- Order of attachment, proper.
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Unregistered Partnership Firm Cannot Initiate Insolvency Proceedings
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Upon death of a Partner, his Legal Representatives cannot be asked to continue partnership
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Police Station Is Not 'Prohibited Place' For Videography- Bombay HC
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condition of payment of 50% of the amount awarded will not be applicable to the complaints filed prior to the commencement of the 2019 Act
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If Defaulters Are Allowed to Give Criminal Colour to Bank’s Statutory Right to Recover Loan, It Would be Fatal to Banking System: Allahabad HC
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Arbitrator can grant post-award interest on the interest amount awarded
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Arbitral Tribunal can grant post award interest on interest component included in the sum of the award
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Application under Section 11(6) not maintainable for appointment of arbitrator in absence of a written agreement between parties.
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Designated Commercial Courts subordinate to rank of Principal Civil Judge in the district can hear appeals / application under Arbitration Act.
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Suit for eviction - suit is maintainable before commercial division
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Registration of cancellation of Deeds - challenging - Writ petition maintainable - Registering Authority has no power to to register document of unilateral cancellation.
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No Statutory bar for sale of property subsequent to Agreement, but title of subsequent purchaser can be affected, if Agreement enforced.
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Application For Attachment Can Be Filed Before Court Even If The Property Is Outside Jurisdiction: Telangana High Court
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self acquired property of father - died interstate - devolved under section 8 - Remains as self acquired property - son can execute settlement in respect of his Undivided Share.
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Award Passed By Lok Adalat In Settlement Is Binding And Executable Via Execution Proceedings- Bombay HC
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Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High Court
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As per revenue Standing Order 26(15),any pathway running in a patta land which is in public usage ,is government land.
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Sale deed executed by power agent on 07.06.1990 - Principal died on 16.06.1990 - Sale deed presentation for registration on 26.09.1990 - POA doesn't authorise the agent to present the sale deed for registration - sale deed present after death of principal is void
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Order passed in Application under Section 5 of Act is not appealable Order, but is revisable Order
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Determination of market value, on basis of guideline value filed by defendant for particular year, proper.
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Deposition of witness in earlier criminal proceedings could be produced in subsequent civil proceedings and opportunity could be granted to be defendant to recall and further examine said witness.
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While cross-examination, Advocates cannot show Witness signature portion alone blocking rest of document - mere admission of signature by 1st Defendant in Sale Agreement would not help cause
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Registration of cancellation of Deeds not valid
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Unregistered sale agreement in favour of"A" - subsequent sale to third party "B" - agreement holder receiving sale deed subsequent to third party sale deed - "B" filed suit for declaration and Injunction without cancellation of unregistered agreement to Sell - maintainable.
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subject matter of Suit differs from subject matter of Compromise Though properties not subject matter of Suit, it became subject matter of Compromise
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Rent Authorities to be liberal in dealing with Application for registration of tenancy filed with Condone Delay Petition - Tenant can't compel landlord to renew Tenancy agreement - No time limit prescribed for filing application for eviction
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Loan Agreement Provides For Change Of Interest Rate ; No "Unfair Trade Practice" :NCDRC
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Defendant sought to re-issue warrant to Commissioner requiring him to remeasure property on basis of sale deeds - Application, rejected.
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Re-opening of evidence and permission to receive additional documents - Documents relate to period subsequent to filing of suit and, therefore, cannot be relied upon.
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Court Can Inquire Whether "Urgent Interim Relief" Is Genuine Or Aimed To Bypass Pre-Institution Mediation: Calcutta HC
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Lok Adalat award, being equivalent to a civil court decree, can be enforced via an execution suit and does not require registration and payment of stamp duty for enforcement.
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Document should have been executed after the coming into for the Act - it should contain clause imposing an obligation on the settlee or transferree to maintain the settlor or transferor - Unless the condition stipulated in settlement - can't be cancelled.
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Grandchild born prior to enforcement of Hindu Succession Act - has coparcenary right by birth in property of his great-grandfather - Plaintiff rightly held entitled to 1/12th share in HUF property.
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