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Showing posts from April, 2023
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April 30, 2023
Party Is Entitled To Challenge Appointment Of Arbitrator In Violation Of Arbitration Act, At Any Stage - appointment of the Arbitrator unilaterally, is improper and impermissible - decision by an authority having no jurisdiction is non est in law
April 28, 2023
It is not necessary that execution petition must be signed and verified by the decree holder - it is sufficient same is signed by some other person who is entitled to sign
April 27, 2023
subsequent overruling of a precedent relied on in a judgment a ground to review it
April 27, 2023
Throwing self acquired property by a coparcener into common hotchpot - Not a transfer - The separate property of a Hindu coparcener ceases to be so and acquires the characteristic of a joint family or ancestral property
April 27, 2023
Father had been blending his self acquired properties with joint family assets - partition deed did not effect a direct or indirect transfer of assets to the minor children
April 27, 2023
Railway authorities are duty bound to provide access to the petitioner
April 27, 2023
A bonafide agreement holder ought to have atleast sought for permission to deposit the balance sale consideration - not done in this case - return of earnest money ordered
April 26, 2023
Share received by a coparcenar on partition is ancestral property - Adopted son has equal rights - Father along with sons started business and out of income of business suit property purchased - father treated the property as joint family property by blending - father and sons divided the property - share allotted to son is coparcenary character - his daughter entitled to partition
April 26, 2023
As per Explanation (i) to section 16(c) doesn't require any deposit to prove readiness and willingness
April 26, 2023
Suit filed by unregistered Partnership firm not basis of any contact is maintainable
April 26, 2023
Additional Premium of 100 paid towards Personal Accident Cover of 2,00,000 to Owner/Driver- Insurer liable to pay 2,00,000 under Personal Accident Cover.
April 25, 2023
Bail Condition | Seeking Pre-Deposit Of Bank Guarantee For Grant Of Bail Is Unsustainable: Supreme Court
April 24, 2023
Unstamped arbitration agreement not legally valid: Constitution Bench of Supreme Court holds by 3:2 majority - application under section 8 based on unstamped arbitration agreement not maintainable - against the order of dismissal of petition under section 8, appeal under section 37(1) maintainable -
April 24, 2023
She might not be a legal heir of the deceased, but she certainly suffered on account of his death”; Mother-in-law can claim compensation as a dependant under MV Act: SC
April 24, 2023
Husband Cannot Be Summoned As Accused Under Section 138 NI Act Where Cheque Was Issued By Wife As Sole Proprietor Of A Firm
April 24, 2023
POA Holder Having No Knowledge About Transaction Is No Reason To Quash Complaint: Madras HC
April 23, 2023
Suit can't be held to be abated in the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the suit jointly by the other defendants along with deceased defendant and when they are also his legal representatives
April 23, 2023
Where there are more than one plaintiffs, the entire suit cannot be held to be abated on the death of one of the plaintiffs
April 23, 2023
Loss Of Dependency Sufficient To Maintain Claim Petition: Madras High Court Upholds Compensation For Second Wife
April 23, 2023
During marriage daughter given dowry and the son doscharging the loan obtained by father is not a ground for refusing partition - Daughtre even after receiving dowry entitled to partition
April 23, 2023
Daughter who married before 1989 and executed release deed not entitled to seeking partition
April 23, 2023
Father executed settlement deed in respect of ancestral property in favour of one of son - another son filed suit for partition without cancel the settlement is Maintainable.
April 20, 2023
Amendments To A Written Statement Can Be Allowed Even If It Amounts To Addition Of New Grounds Of Defence : JKL High Court
April 20, 2023
Question Of Paying Balance Sale Consideration Does Not Arise When The Vendor Did Not Get The Subject Land Measured Within Prescribed Time: SC - In sale of immovable property there is no presumption that time is the essence of the contract Amendment Act 2018 is prospective
April 19, 2023
Entries Made In Balance Sheet Amounts To Acknowledgement Of Debt As Per Section 18 Of Limitation Act, 1963: NCLT New Delhi
April 19, 2023
Commission report can not be considered unless objection against the report have been decided.
April 18, 2023
Execution for attachment of property dismissed after 17 years of filing - Fresh execution petition after amendment of prayer in to arrest is maintainable - not barred by limitation - second Ep is not fresh EP it is Continuance of first EP.
April 16, 2023
Refund of contractual price/deposit/ earnest money is not permissible, where no such relief claimed by plaintiff in suit seeking specific performance of contract
April 16, 2023
court can consider documentary evidence at stage of temporary injunction without proof
April 15, 2023
Bank Can't Forfeit Deposit Made After Auction Purchase When Bidder Wasn't Informed of Challenge Pending Against Sale: Supreme Court
April 13, 2023
An unregistered document affecting immovable property and required by Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance - part performance cannot claimed based on unregistered agreement to sell
April 13, 2023
Will executed before 20.12.2004 - testator died on 29.01.2005 (i.e.after 20.12.2004 and before 09.09.2005) - property liable to partition
April 10, 2023
Period of limitation which is applicable to suits before Civil Courts would be applicable to applications to be filed under S. 18(1) of Act
April 10, 2023
Suggestion made by defence counsel to a witness in the cross-examination if found to be incriminating in nature in any manner would definitely bind the accused
April 07, 2023
Advocate Fee calculation for execution proceedings
April 06, 2023
Party Seeking final decree must be directed to produce Encumbrance certificate - court can Impleading lis Pendens Purchaser
April 06, 2023
CCTV footage can be received as evidence
April 06, 2023
Original with defendant vendor - Copy given to plaintiff vendee lost - Photostat copy produced in suit for specific performance - Could be admitted as secondary evidence.
April 03, 2023
Property sold by power agent to her husband - power subsequently revoked - transfer made on strength of valid and subsisting power of Attorney is valid and binding.
April 02, 2023
Promissory Note is not document compulsory required to be attested - on denial of execution - Plaintiff has to examine scribe - failure of plaintiff to examine Attestar would not in any manner undermine her case
April 02, 2023
Arbitrator was unilaterally appointed by award holder - Arbitral proceedings conducted by unilaterally appointed arbitrators carry permanent mark of bias and ineligibility and same cannot be washed away at any juncture including execution
April 02, 2023
Copy of sale deed maintained in Sub Registrar's office - Certified copy is admissible.
April 01, 2023
Remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.
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