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Showing posts from October, 2023
plaint cannot be rejected in part under Order VII Rule 11 - Even property under loan,can be subject matter of partition
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Once the sale deed was registered and title had passed to the Landlord , he was entitled to receivethe rent - eviction ordered
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Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court
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Except Chennai - will need not to be probated in other districts - Subsequent Document can be executed based on unregistered will - Handwriting Will also a valid mode of execution of will
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Except Chennai - will need not to be probated in other districts - Subsequent Document can be executed based on unregistered will
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Limitation For Specific Performance Suit Runs From Date When Plaintiff Had Notice Of Refusal When No Date Is Fixed For Performance : Supreme Court
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Section 26E of the SARFAESI Act came into force only on 24.01.2020; and there was no law before these amendments to give priority to the secured creditor over other debts - right to enforce the secured debt accrues only upon default by the borrowers and after realisation of the dues by the Income Tax Department.
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SARFAESI ACT not restricted by providing priority to the secured creditors / Banks, but extents its protection to the non~secured and statutory creditors. Therefore, the secured creditors / financial institutions, while invoking the provisions of the SARFAESI Act, and the rules framed thereunder are mandated to follow the procedures scrupulously so as to ensure that other non~secured creditors are not deprived of their rights to realise their statutory or other dues - auction sale is made with encumbrances, then the registering authority under the Registration Act cannot remove the same.
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"A" become successful bidder in an court auction - he request the bank to issue sale certificate in favour of his Nominee - privity of contract only between bank and successful bidder - sale ought to be confirmed in favour of highest bidder and not in name of his Nominee
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Successful bidder not paying balance amount within stipulated period - amount forfeited by Bank - when borrower had borne expenses of sale, profit derived out of sale ought to go to account of borrower
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Property mortgage with bank - subsequently attached by tax department - Bank sold out the property through public auction - Registrar refused to register the sale certificate because subsequent attachment - held, unsecured creditors can be protected - until the encumbrance is cleared sale certificate can't be registered
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Registration of Sale Certificate is not compulsory under Law
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Joint family property - Father mortgaged the property with bank for loan - commit default - bank initiated recovery proceedings - Partition sui filed by the minor sons before civil court is maintainable - Overruled the judgement passed by the supreme court in Jagdish Singh v. Heeralal and others [2014 (1) SCC 479]
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Unless the debt due to unsecured creditors are discharged - The sale certificate can't be registered - Registering authority can refused to register the sale certificate
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Prior mortgage in favour of bank - subsequently attachment order passed by district court - Secured creditors cannot wash off their hands in totally depriving rights of other creditors as well as attachment made by civil court - liable to discharge the debt of unsecured creditors
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எல்லைகள் வரையறுக்கப்படாத பூமியில் தன்னிச்சையாக நில உடைமை மேம்பாட்டு திட்டத்தின் போது உட்பிரிவுகள் செய்யப்பட்டது ரத்து செய்யப்படுகிறது
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Sub division effected in the year 1984 without notice - Appeal can be filed from the date of knowledge along with condone delay petition
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Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband
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No party can be allowed to accept and reject the same thing, and thus one cannot blow hot and cold.” - Approbate and reprobate
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Guidelines regarding survey and land sub division during lis pendance - cut-off date for applying Ryotwari patta was fixed as 20.08.1987 - During the pendency of the civil litigations, the Revenue Authorities are not empowered to grant patta or cancel patta
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Joint owned land - not partitioned - sold with specific Boundaries - maintainable
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Housing board Assigned suit property to "A" - "A" entered in to an agreement to sell with "B" on condition that,on the housing bound executed sale deed in favour of "A" ,"A" will execute sale deed in favour of "B" - Full sale consideration received and possession also handed over - is valid
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Commercial Court can execute arbitration award
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Unregistered family settlement - Declaratory suit - Khararunama merely setting out family arrangement and mere record of past transaction - It does not create or extinguish any right over immovable property - Khararunama neither requires compulsory registration nor requires to be stamped
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Provisions of O. 2, R. 2 applies only to subsequent suit and would not apply to amendment sought in existing suit.
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suit property was assigned in favour of father be treated only as a self acquired property - after demise of father - daughters and sons are entitled to equal share as class one heirs.
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Dispute arising out of chit transaction is governed by provisions of Chit Fund Act - Arbitration and conciliation Act not applicable
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In partition deed, father laid down conditions that father's exclusive share would go to son who would look after and perform death rites
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Merely because portion was sold for meeting marriage expenses, she cannot be prevented from claiming share - Brother invested his own funds and by borrowing loan, constructed new building, it would not become his absolute property nor it would prevent sister from claiming share over same.
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Party admitting signature and denying execution - Sub-Registrar is bound to refuse registration under S. 35(3)(a) - If order is challenged under S. 73, Registrar would conduct a enquiry of quasi-judicial nature under S. 74 - If Registrar refuses registration, party may file civil suit under S. 77
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Daughters born through first marriage - during subsistance of first marriage the father illegally married second time and son born through second marriage - father and son through second marriage entered in to a partition ,father allotted entire property to son excluding daughters - is no valid partition, daughters entitiled to partition
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Suit by minor - Shall be instituted in his name by person who shall be called 'next friend' of minor - 'Next friend' need not necessarily be duly appointed guardian - suit is filed against minor, it is obligatory for plaintiff to get appropriate guardian ad litem appointed by Court for such minor.
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Decree against lunatic without appointment of guardian - Decree is nullity and sale held in execution of that decree is void ab initio Question of any party having to resort to provisions of O. 21, Rr. 89 and 90 to have sale set aside does not arise.
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Lis pendense sale deed need not cancelled
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Property allotted as per deed - the property treated as seperate property - not available for partition
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Suit 3 Rd item of property is natham land Assigned to father - it is treated as self-acquired properties, therefore not available for partition,
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Suit property is determined as HUF property by application of doctrine of blending - where grandfather-propositus purchased suit property but stated it to be HUF property in the partition deed.
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Plaintiff is always barred from taking contradictory plea - However, defendant is entitled to take contradictory/alternative pleain his written statement.
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Daughter had not relinquished her right and though it was contended by the sons that they have made payment to the tune of Rs.5,50,000/- to her, no documentary evidence was adduced - Such partition deed would not be binding on daughter
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Unpaid sale consideration - Statutory charge over Property - Limitation for enforcing charge is 12 years - section 31B of SARFAESI Act applicable only prospectively - Relief sought is neither against bank nor against any action taken under SARFAESI
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order of attachment before judgement, shall not affect the pre-existing rights of strangers to the suit. As per Order 38, Rule 11 of C.P.C, where a property has been attached before judgment and the suit is decreed in favour of the plaintiff, there is no necessity for re-attaching the property in the execution proceedings - Property sold prior to order of attachment - claim petition filed by purchasers allowed
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Ancestral property of father - died intestate - mother being natural guardian can't sell minors property without court permission - sale shall be voidable at the instance of minor
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As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court
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Commercial Court can Condone Delay in filing appeal
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Provisions Of Section 5 Of Limitation Act Cannot Be Used To Extend Time Limit For Filing Applications Under Tenancy Laws: Supreme Court
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Ancestral property divided between father and son - A schedule property allotted to father for life time vested remainder to grand children - B schedule property allotted to son - son died intestate - sons of grand children claim only B schedule property - Because A schedule property allotted through partition deed is a separate Property - father can sold sons share to discharge joint family lian
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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 and it is a void order -
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Claim petition - Dismissal for default -No attachment reflected in encumbrance certificate -Claim petition restored on payment of costs.
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It is not necessary to aver in complaint that notice was served upon accused - when a notice is sent by registered post and is returned with a postal endorsement 'refused' or 'not available in the house' or 'house locked' or 'shop closed' or 'addressee not in station', due service has to be presumed.
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When Notice Is Returned As 'Unclaimed', It Must Be Deemed Proper Service; 'Unclaimed' Same As 'Refusal': Supreme Court
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plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.
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