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Showing posts from July, 2023
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July 31, 2023
Entry in revenue records can be updated on basis of decree of civil court
July 31, 2023
Advocate Commissioner Report and plan is part of record - No need to bring it on record by marking it
July 31, 2023
Person affected by issuance of revenue sub division ought to be heard - Extra statutory actions of authority - civil court has jurisdiction - Revenue Sub Division without notice to land owner, void and illegal
July 29, 2023
Certificate issued by Registrar - Is deemed to be a decree ofcivil Court and hence, execution petition canbe filed within 12 years of decree
July 28, 2023
Wife As Homemaker Contributes To Husband's Acquisition Of Assets; Entitled To Equal Share In Properties - Property purchased by wife by pledging her Jewels is her absolute property , even husband help to redeem the Jewels
July 28, 2023
Second Petition For Divorce On Grounds Like Cruelty, Desertion, Adultery Not Hit By Res-Judicata When Founded On New Facts: Madras High Court
July 28, 2023
Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court
July 28, 2023
Madras High Court Allows Brother To Be Appointed As Legal Guardian Of Woman With Mental Disability
July 27, 2023
Child born out of live-in relationship - Cannot claim right in coparcenary property of father - Fiction of legitimacy created by S.16 is limited to the extent of right in property of parents.
July 27, 2023
Children born out of void marriage - Cannot claim right in coparcenary property of father -
July 26, 2023
compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate.
July 26, 2023
Children Born Out Of Void Marriage Are Legitimate, Compassionate Appointment Cannot Be Denied To Them
July 26, 2023
Revenue Department Application and Appeal Procedure
July 24, 2023
List showing the location of courts in combined court complex Coimbatore
July 22, 2023
The commissioners' reports are 'non-adjudicatory in nature. - only an opinion
July 22, 2023
Section 5 of the Limitation Act applicable to an application for passing of final decree in mortgage suit
July 22, 2023
Section 5 of the Limitation Act applicable to an application for passing of final decree in mortgage suit
July 22, 2023
Section 5 of the Limitation Act applicable to an application for passing of final decree in mortgage suit
July 22, 2023
Petitioner purchase the property from lts of Mortgagor - Court auction sale can be set aside at the instance of lis Pendens Purchaser
July 21, 2023
Guidelines regarding survey and lis Pendens
July 21, 2023
VAO has no power to issue legal heirs certificate
July 21, 2023
Circular regarding issuance of legal heirs certificate 2023
July 21, 2023
Government Notification regarding late registration of birth and death certificate
July 21, 2023
Issuance of computerized land records - Attestation not necessary
July 21, 2023
Issuance of computerized land records - Attestation not necessary
July 21, 2023
Application for final decree is to be filed within three years from the date when the right to apply accrues. If the right to apply for final decree had accrued to the plaintiff on default being committed by the defendant for payment of the decreetal amount.
July 21, 2023
preliminary decree for Redemption was passed and plaintiff paid the amount within the time fixed, the right to apply for a final decree arose on such payment and an application filed more than 3 years thereafter would be barred by limitation.
July 21, 2023
in the case of preliminary decree for redemption of usufructuary mortgage no limitation begins to run until deposit is made though there is a conditional preliminary decree
July 21, 2023
Plaintiff filed Application for final decree with application to condone delay of 2298 - delay condoned and final decree passed
July 21, 2023
Mortgagor can deal with mortgaged property, even after creation of mortgage - Purchaser has right to redemption
July 21, 2023
court has discretion in the matter of grant of interest pendent lite and subsequent interest – It is not absolutely obligatory on court to decree interest at contractual rate
July 21, 2023
When an appeal is filed against preliminary decree in mortgage suit, period of limitation to file application for passing final decree begins to run from the date of appellate decree and not from the date of preliminary decree even though no stay application was filed in appeal
July 21, 2023
Preliminary decree passed granting instalments to pay decretal amount – Right to apply for final decree accrues from the date of default in payment of any instalment – Limitation period of three years starts from the date of default
July 21, 2023
No execution petition pending. Not a bar to maintainability of application under Or.21, Rule 2. Right to apply under Or. 34, Rule 3 (I) for passing a final decree
July 21, 2023
Application for final decree filed after 9 years from the date of preliminary decree - final decree passed - judgement debtor not challenged final decree - third party agreement holder can't challenge final decree
July 21, 2023
Limitation 12 years for filing execution petition will start from date of original decree and not from the date of Amendment of decree
July 21, 2023
Execution petition levied based upon decree passed in mortgage suit to bring property for sale is perfectly maintainable.
July 21, 2023
Civil court has discretion under Order 34 Rule 11, CPC to reduce the contractual rate of interest
July 21, 2023
Civil court has discretion under Order 34 Rule 11, CPC to reduce the contractual rate of interest
July 21, 2023
A Hindu son is bound by the court sale of properties mortgaged by his father though he is not a party to the mortgage suit
July 21, 2023
Civil court has discretion under Order 34 Rule 11, CPC to reduce the contractual rate of interest
July 21, 2023
No claim petition under Section 47 or under Order 21 Rule 58, CPC would be maintainable in an execution taken out in a suit based on a mortgage
July 21, 2023
charge is created for the first time under the decree and it permits the property charged to be brought to sale in execution of a preliminary decree without a final decree.
July 21, 2023
Execution petition for execution of preliminary decree in mortgage suit is not maintainable – What is executable is only final decree
July 21, 2023
Preliminary decree in a mortgage suit is not executable in the absence of a final decree obtained in the suit.
July 21, 2023
Second suit for mortgage not barred either on principle of res judicata or under Order 2 Rule 2 CPC - Even if E.P. is not filed in execution of earlier decree or if it is time barred- second suit maintainable
July 20, 2023
An Application for final decree ought to have taken out within a period of three years as specified under Article 137 of the Limitation Act. In this case, Application for final decree itself has been filed on 01.06.2009, i.e. Beyond the period of limitation of three years - barred by limitation
July 20, 2023
No limitation prescribed for filing Application for passing Final Decree under Order 34, Rule 5 of CPC
July 17, 2023
Sale deed - wrong survey number mentioned - rectification - no limitation - Sub Registrar is not necessary party in suit for rectification of sale deed
July 17, 2023
Burden To Prove That Cheque In Dispute Was Not Issued For Legally Enforceable Debt Is On Accused
July 17, 2023
Central Government Notification 2018 Regarding Speed Limit
July 15, 2023
Before ordering arrest notice is not necessary - as the court satisfied by affidavit, that the JD is likely to abscond or leave the local limits of the jurisdiction of the court - Even after detention the JD not discharged from his debt - Even there is an attachment of property court can order arrest of JD
July 13, 2023
Delayed Registration - Act doesn't required party to give reasons for delay - Authority under Act is not competent to decide rival claims - Aggrieved Parties should approach civil court for remedy.
July 13, 2023
Entry of Pattadar in revenue records during UDR found unauthorised - Revenue records prior to UDR did not show name of pattadar as owner or person in possession - Cancellation, proper - Direction issued to Pattadar to approach Civil Court to establish title,
July 10, 2023
Even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125
July 10, 2023
Unless order of attachment passed by competent Civil Court is communicated to Jurisdictional Registrar and it is entered in encumbrance certificate, same is not enforceable - Order of attachment entered in encumbrance certificate after execution of sale deed - Purchasers were unaware of order of attachment at time of sale deed -Purchases held to be bonafide purchasers
July 10, 2023
Registered Will can be revoked by unregistered Will
July 09, 2023
Commercial Courts (Amendment) Act, 2018 cannot be applied retrospectively.
July 08, 2023
Defaulting Buyer Not Liable To Pay Interest At 3 Times Bank Rate If Supplier Is A Medium Enterprise: Calcutta High Court
July 08, 2023
Tribunal created under Act 30/1963 has no jurisdiction to decide title to property dispute - only civil court has jurisdiction
July 08, 2023
Jurisdiction of civil court is not totally and completely ousted or barred in respect of adjudication of claims of title in ryotwari settlement
July 08, 2023
Unilateral cancellation of settlement deed presented before Registrar was set aside
July 08, 2023
In absence of directions regarding adjustment of payment - adjustment be made firstly towards payment of interest and costs and thereafter towards of principal amount.
July 07, 2023
Unilateral Appointment of Arbitrator is void
July 07, 2023
Lawyers Can Appear Before Maintenance Tribunal- HC Declares Section 17 of Senior Citizens Act Ultravires to Advocates Act
July 06, 2023
Property given life interest to mother vested reminder to son - son sold during lifetime of mother - possession not handover - suit filed after 12 years barred by limitation - adverse possession uphold
July 05, 2023
There is trend of initiating mala fide criminal proceedings against financial institutions/lenders and their officers, representatives and managers, to some how restrain them from pursuing recovery proceedings of their enforceable debts, and/or to compel them to make settlement of their dues.
July 03, 2023
Advocate fee calculation in execution proceedings
July 03, 2023
Ancestral property divided - share allotted to defendant - son claiming partition - child born during existence of marriage was legitimate son - son entitled to partition
July 02, 2023
Will is not a document to be compulsory registered - will can be registered after demise of testator - attesting witness and identifying witness during registration need not same.
July 02, 2023
Partition deed - Excluding coparcener amounted to infringement of his right - whether he had given consent for such exclusion or not - Parties directed to approach Civil Court.
July 02, 2023
When there was no positive evidence to show that subsequent purchasers entered into sale agreement and sale deed in respect of substantial portion of suit property with knowledge of suit sale agreement, it can be considered that subsequent purchasers were the bona fide purchasers for value - Vendees entitled to refund of amount paid towards advance.
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