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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.

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

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.

Writ Jurisdiction can be exercised to nullify decree obtained by fraud on civil court

The death of one of the partners does not foreclose the continuation of the civil proceedings initiated by the firm - it is not necessary to join legal representative of deceased as a party to such proceedings

Property offered by defendant-seller as a security is inadequate and less than 1/3 of suit claim- Order of attachment, proper.

Respondent neither pleaded for refund of earnest money nor he claimed any damages or penalty from appellants - In absence of such prayer, Court suo-moto granting relief of refund of earnest money, erroneous

Unregistered Partnership Firm Cannot Initiate Insolvency Proceedings

Upon death of a Partner, his Legal Representatives cannot be asked to continue partnership

property which has fallen to share of one of the brothers-father/husband of plaintiffs, would be his individual property and not joint family property - Plaintiffs-son/wife jointly or severely would not have any right

Police Station Is Not 'Prohibited Place' For Videography- Bombay HC

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

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

Arbitrator can grant post-award interest on the interest amount awarded

Arbitral Tribunal can grant post award interest on interest component included in the sum of the award

Application under Section 11(6) not maintainable for appointment of arbitrator in absence of a written agreement between parties.

Designated Commercial Courts subordinate to rank of Principal Civil Judge in the district can hear appeals / application under Arbitration Act.

Suit for eviction - suit is maintainable before commercial division

Power of Attorney was given power to sell some of land but sale deed was executed in respect of entire land - Held,alienation of property made in excess of power to transfer would be, to extent of excess of power,invalid

Registration of cancellation of Deeds - challenging - Writ petition maintainable - Registering Authority has no power to to register document of unilateral cancellation.

Plaintiff in possession of suit land after expiry of agreement - Landlord entering into suit premises with bunch of goons who forcefully trespassed into suit premises - Plaintiff entitled to grantof temporary injunction.

No Statutory bar for sale of property subsequent to Agreement, but title of subsequent purchaser can be affected, if Agreement enforced.

Application For Attachment Can Be Filed Before Court Even If The Property Is Outside Jurisdiction: Telangana High Court

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.

Plaintiff not specifically denied the execution of settlement - There is no necessity to prove the settlement deed by examining attesting witness - Even the person who had not attained the age of 18 also be an attesting witness.

Award Passed By Lok Adalat In Settlement Is Binding And Executable Via Execution Proceedings- Bombay HC

Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High Court

As per revenue Standing Order 26(15),any pathway running in a patta land which is in public usage ,is government land.

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

Order passed in Application under Section 5 of Act is not appealable Order, but is revisable Order

Determination of market value, on basis of guideline value filed by defendant for particular year, proper.

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.

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

Registration of cancellation of Deeds not valid

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.

subject matter of Suit differs from subject matter of Compromise Though properties not subject matter of Suit, it became subject matter of Compromise

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

Loan Agreement Provides For Change Of Interest Rate ; No "Unfair Trade Practice" :NCDRC

Defendant sought to re-issue warrant to Commissioner requiring him to remeasure property on basis of sale deeds - Application, rejected.

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.

Court Can Inquire Whether "Urgent Interim Relief" Is Genuine Or Aimed To Bypass Pre-Institution Mediation: Calcutta HC

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.

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.

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.