Skip to main content
Search
Search This Blog
Indian Law News
Posts
Showing posts from June, 2023
Show all
June 28, 2023
Properties are joint family property not proved - In absence of prayer invalidating documents of conveyance,suit for partition was not maintainable
June 27, 2023
Court can ordering interim attachment when issuing notice to defendant to show cause why he should not furnish security
June 23, 2023
Partion - Exclusion of daughter - Validity - Daughter had notrelinquished her right - Sons said that they paid Rs.5,50,000/- to daughter - no documentary evidence for that - Such partition deed would not be binding on daughter
June 22, 2023
A mere mis- description of property in decree would not make the decree inexecutable Objec- tion, dismissed
June 17, 2023
Finding regarding title in a simple suit for partition not binding on third parties - no party to a suit for partition - can acquire any title to any specific item of property or any particular portion of a specific property - executing court cannot decide questions of title set up by third parties.
June 16, 2023
Failure of elder brothers of plaintiffs to challenge alienation within three years after attaining majority - Suit for declaration and recovery of possession by younger brother within three years of his attaining majority - Is barred by limitation.
June 16, 2023
unregistered sale deed can be treated as agreement and same can be enforced by way of suit for specific performance
June 16, 2023
Foreign arbitral award- Execution - Jurisdiction of Court - Only High Court has jurisdiction to execute foreign award.
June 16, 2023
Someone has executed the document believing that the property belongs to him will not amount to forgery - he knowingly executed the document - Every dispute between family members could not be construed as forgery - Notice under section 77A quashed
June 15, 2023
Civil Court Can Seek Police Assistance To Enforce Temporary Injunctions: Jammu & Kashmir High Court
June 15, 2023
Bail Condition To Furnish Bank Guarantee Unsustainable In Law : Supreme Court
June 15, 2023
Advocate Commissioner did not give a clear report of extent of the land and location of the disputed property so as to determine question of encroachment - Re issue warrant and directing to file detail report
June 14, 2023
Mere non-registration of sale agreement does not bar very institution of suit for specific performance.
June 14, 2023
Right to file - Is available against order passed by Maintenance Tribunal to any of the affected parties and not to only senior citizens or parent
June 13, 2023
Presumption that cheque was drawn for discharge of liability of drawer - Is presumption of law - Ought tobe raised by Court in every case - Rebuttal evidence - Nature - Mere plausible explanation is not sufficient - Proof of explanation is necessary.
June 13, 2023
Failure of defendant to prove non-existence of consideration - Onus cannot be shifted on plaintiff - Claim made by plaintiff has to be allowed even if evidence adduced by plaintiff is found to be unbelievable in rebuttal of defendant's case.
June 13, 2023
Burden of proof is on defendant when it is pleaded that promissory note is forged document
June 13, 2023
Award passed by Lok Adalat is deemed to be decree of Court and cannot be contingent upon further act of registration of decree.
June 13, 2023
Promissory Note though true and signed by defendant, passing of consideration of ten lakh had not been established - defendant not liable to pay suit amount.
June 12, 2023
Superstructure of dwelling house is attachable and saleable in execution proceedings - Execution court can examine the judgement debtors property
June 12, 2023
Even loss or damage to private properties caused during private disputes between two groups or individuals can be investigated and tried under the provisions of the Act - ‘Court of Session’ used in Section 8 of the Tamil Nadu Property (Preventionof Damage and Loss) Act, 1992 would include both Additional and Assistant Session Judges.
June 12, 2023
FMB ல் detail mark கொடுக்கபட்டால் மட்டும் அது நிலவியல் பாதை ஆகி விடாது அது பொதுமக்களால் நீண்ட காலம் பயன்பாட்டில் இருக்கவேண்டும் என்று கலெக்டருக்கு உயர்நீதி மன்றம் உத்தரவிட்டுள்ளது
June 12, 2023
mala fide intention and conduct of defendant in disposing of or about to dispose of his property with dishonest intention of defeating or delaying decree that may be passed in suit - Mere bald averment that defendant is contemplating to alienate the property - Is not sufficient
June 12, 2023
There was no stay by Appellate or Revisional Forum - Held, it was attempt to protract execution proceedings - Rejection of application, proper.
June 12, 2023
Husband of defendant had availed the loan and for security, he executed the promissory note and handover two cheques - he died - Suit against wife for recovery of money - wife attempting to alienate the properties of her husband in her favour - Properties of defendant were liable to be attached before judgment.
June 12, 2023
No limitation prescribed under Act of 1963 for execution of decree of perpetual injunction
June 11, 2023
Properties outside jurisdiction can be attached before judgment.
June 11, 2023
Judgment debtor residing within limits of jurisdiction - Executing Court can attach shares - Fact that place of business of Company is outside the jurisdiction, is immaterial.
June 11, 2023
In addition to 'cheque amount' holder also claimed incidental charges and notice charges - Drawer absolved from criminal liability if he pays "cheque amount" - Regarding other incidental claims, civil suit is necessary.
June 11, 2023
Demand for entire sum was made - No demand was made for payment of cheque amount which was part of amount due - invalid notice - complaint quashed
June 11, 2023
Loan amount mentioned in demand notice and cheque amount same i.e. Rs. 50,000/- - Notice cannot be said to be defective.
June 11, 2023
"kindly arrange to make the payment to avoid the unpleasant actionof my client" - Is clear demand - Notice is valid
June 11, 2023
Dishonour of four cheques - Consolidated demand notice would not invalidate same - there was no specific demand made for payment of the amount covered by the cheque - Notice invalid
June 08, 2023
Unless payment was made by defendant towards liability before expiration of period of limitation,there could not be considered as acknowledgement - account ledger maintained by plaintiff could not be considered as acknowledgement
June 08, 2023
Will - Expert opinion - will to be proved in manner known to law and it could not be proved by any opinion
June 08, 2023
Land in question was adi Dravidar Natham - would not government confer title - Non issue of patta by itself will not vest the government with the title - without paying compensation - government cannot acquire the land.
June 08, 2023
Plaintiff was not party to document, which was sought to be declared as null and void, court fee should be paid under section 25(d) of Act and it was not necessary to insist plaintiff to pay court fee under section 40 of act.
June 08, 2023
Execution arrest - Muchalica executed by judgement debtor during arrest
June 07, 2023
Minors mother executed document on her behalf and on behalf of the two minor children - without Set Aside the documents declaration suit filed by minor not maintainable - suit filed after 3 years from the date of attaining majority is barred by limitation
June 07, 2023
Even without power of attorney, plaintiff's husband,who is competent witness could have deposed on behalf of his wife
June 07, 2023
Plaintiff partly accepted claim of the defendant with regards to the balance amount - defendant is having valid defence - opportunity has to be given to the plaintiff
June 07, 2023
Can BCI Refuse To Enrol Graduate From Law College Which Was De-Recognized? Supreme CourtReserves Judgment
June 07, 2023
District Court has power to entertain summary suit
June 07, 2023
Accident took place before 01.04.2022 - Limitation introduced in MV Act can never be construed to have retrospective/retroactive operation - limitation not applicable
June 06, 2023
starting point for making application under Rule 95 of Order XXI of CPC is date on which certificate recording confirmation of auction sale is actually issued to purchaser.
June 06, 2023
Will (Before Death Of Executant) Or General Power Of Attorney(GPA) Cannot Confer Title In Immovable Property - though an Agreement to Sell does not transfer proprietary rights in an immovable property - possessory title is protectable under Section 53A of TP Act
June 06, 2023
Application can be made to the trial court to direct a person to produce the certificate under Section 65B(4) of Evidence Act on the refusal of such person to produce the same otherwise.
June 04, 2023
The requirements of Section 69 of the Evidence Act were satisfied and due execution of the Will was proved by the Sub Registrar.
June 04, 2023
Endorsement by the Sub Registrar that the executant had acknowledged execution before him amounts to attestation
June 04, 2023
Mere registration of the Will or endorsement by the Sub Registrar is of no consequence and it cannot satisfy the requirement of Section 63 of the Indian Succession Act, 1925
June 04, 2023
Admission of Electronic Evidence – Principles
June 04, 2023
order refusing to grant leave is judgement - Appeal is maintainable - Revision not maintainable
June 03, 2023
Court fee payable for application under section 9 is Rs 200 as stipulated in Rule 1 of appendix II to High court fee rules
June 03, 2023
Property sold in execution - Interest is recoverable till date of confirmation.
June 02, 2023
Mortgage suits are not governed by section 34
June 02, 2023
While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 160 Cr.P.C.
Newer Posts
Older Posts
Home
