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Showing posts from January, 2024
Beneficiary of Will has to seek declaration of his title from Civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to mutate the name on basis of Will
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Suit for specific Performance - decreed ex Parte - sale deed executed and possession handed over to plaintiff based on ex Parte Decree - ex Parte Decree set aside - on restitution petition filed by defendant, court can re delivery the property to Defendant
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Appeal is continuation of Suit and Decree of Trial Court merges with Decree of Appellate Court - Limitation to commence only from date of Decree of Appellate Court - Execution Application filed within 12 years from date of Decree of Appellate Court, held, within limitation
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Cause of action for suit arose on 14.10.1970 - Suit had to be preceded by notice under Section 80 of CPC Period of two months required by Section 80 of CPC has to be excluded while computing limitation and suit filed on 14.12.1973 is within period of limitation - Appeal is continuation of suit limitation for filing execution petitio arose when appeal dispossed off
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Decree for mandatory injunction - Limitation for filing of execution petition - Computation - Period during which execution was stayed by order of Court should be excluded
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Mere filing of suits for recovery of money and complaint under S. 138 of N.I. Act by itself is no ground to quash proceedings.
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Suit for specific Performance - Filed after 3 yrs. of accrual of cause of action - Defendant foreign national Remaining in India only for few days Excluding period during which defendant was abroad Suit cannot be dismissed on ground of limitation.
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Suit for declaration of title, possession and consequential injunction based on sale deed - Defendants disputing boundary description of property in sale deed - not barred by limitation
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Don't Impose Condition Of Deposit Of Minimum 20% Compensation/ Fine Amount 'Mechanically': Madras HC To District Courts
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Suit for permanent injunction based on settlement deed - Defendant denyed the title of plaintiff in written statement stating that settlement deed was cancelled - plaintiff after 6 year of filing written statement ,filed an amendment to seeking declaration and possession - amendment relating to declaration along with possession ,based on article 65 ,limitation is 12 years from the date of filing written statement
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Execution petition for delivery of possession - rule 97 petition filed by the lis pendence purchasers,claiming that they purchase the property gap between dismissal and restoration of suit - even lispendence purchaser ,claim petition can be maintainable - evidence can be taken
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Party cannot challenge an arbitral award on the ground of the unilateral appointment of the arbitrator if it did not challenge the appointment at an earlier stage.
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Agreement holder obtained possession over property in part performance of contract - Possession over property is protected even if period of limitation for bringing suit for specific performance of an agreement to sell has expired - Law of limitation bars only an action in a Court - And, does not bar plea taken in defence.
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Unregistered Document Full consideration paid and possession handed over under document - Possession can be protected under document.
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Person who was not put in possession of property pursuant to agreement to sell but pursuant to assignment of mortgage cannot invoke Section 53 A.
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Suit for permanent injunction not to alienation - maintainable based on unregistered agreement to sell - only suit under section 53 A can't maintainable based on unregistered agreement to sell
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Suit for permanent injunction not to alienation - maintainable based on unregistered agreement to sell - only suit under section 53 A can't maintainable based on unregistered agreement to sell
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Not necessary that transferee has to always exercise right under 53- A as a shield only - He can also seek protection of such right of possession by getting an injunction against Transferor also.
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TP Act Section 53 A - Provision to be used as a shield and not as a sword by a party - Plaintiff in Suit for Specific Performance, not entitled to protection of his possession under Section 53-A.
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Section 53-A protects proposed Transferee against Transferor in Sale Agreement and such protection cannot be exercised against Third party.
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"A" owner entered in to unregistered sale deed with "B" - subsequently sold through registered sale deed to "C" - "B" received possession based on unregistered sale deed used only as a shield -
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unregistered Sale Agreement can be received as evidence for relief of Specific Performance, but inadmissible for seeking protection under Section 53-A.
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It was necessary for the agreement holder to seek cancellation of sale deed executed in favour of the subsequent purchasers
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The right conferred by S.53A is a right only available to the defendant to protect his position and that it does not create any title on the defendant. It merely operates as a bar to the plaintiff asserting his title and it cannot be used as a weapon of attack - claim petition dismissed.
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Agreement holder obtained possession over property in part performance of contract - Possession over property is protected even if period of limitation for bringing suit for specific performance of an agreement to sell has expired - Law of limitation bars only an action in a Court - And, does not bar plea taken in defence.
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"A' entered an agreement to sell, POA in respect of land belonging to"B" - Possession of property handed over to "A" - "A" permit "B" to possession of part of property for 3 months - Even after three months "B" namely owner of property refused to vacate - Suit filed by "A" for eviction and mesne profit - maintainable
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Adverse Possession and contrary plea of possession based on agreement to sell cannot be taken
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Since partition took place even before 1989 amendment comming in to force - on partition between father and brother, suit property ceased to be coparcenary property as on 25.03.1989.
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Suit for return of earnest money only - court fee on advance amount is sufficient - no need to pay court fee on entire sale consideration
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Sale agreement in respect of two item of property - sale completed in respect of one item of Property before filling suit - value the suit in respect of second item of property only - appellate court directed to pay entire two items of property erroneous
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Appeal against order of rejection of Plaint - court fee payable would be one payable on application seeking rejection of Plaint and nothing more
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Registrar has no power to refuse registration of ex parte decree - there is no limitation for registration of ex parte decree
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Power of attorney executed sale deed - Principal filed suit for setting aside the sale - plaintiff denied the execution of power of attorney - court fee paid under section 25(d) is proper.
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Members In Default Of Membership Fee Stand Disqualified From Society Without Notice; They're Not Entitled To Vote : Supreme Court
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Advocates' Office Run From Residence Not Subject To Property Tax As Business Building: Supreme Court Refuses To Interfere With Delhi HC Ruling
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revision as against the order of rejection of the plaint is not maintainable and contended that only an appeal is the remedy
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Alienation of minor's property by de facto guardian, father Challenge as to - 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.
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Against order rejecting plaint - Only an appeal lies and not a revision.
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Rights under agreement to sell assigned by buyer in favour of third party - no permission of vendor warranted for assignment - suit filed by assignee maintainable
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S.138 NI Act | Primary Concern Is Recovery Of Money, Conviction Of Accused Serves Little Purpose: Rajasthan High Court
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Modification of award - Any attempt to"modify an award" under Section 34 would amount to "crossing Lakshman Rekha".
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Specific Relief Act | Adequacy Of Bank Balance Not Absolute Prerequisite To Prove Readiness &Willingness To Meet Contractual Obligations: Karnataka HC
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Efforts To Settle Pure Civil Disputes By Applying Pressure Through Criminal Prosecution Must Be Deprecated: Supreme Court
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The Supreme Court directed all the courts to scrupulously follow the directions/guidelines issued by it for the expeditious delivery of judgments and disposal of the bail applications
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Madras High Court Orders Disbursal Of Life Insurance Amount To Family Despite Policy Holder Defaulting In Premium Payment "Due To Ill-Health"
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Wife Entitled to Know Husband’s Salary to Make Rightful Claim of Maintenance: Madras HC
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Limitation Period For Appointment Of A Substitute Arbitrator Is 3 Years From The Date When The Right To Apply For Fresh Appointment Accrues: Delhi High Court
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Suit for declaration of currect date of birth - civi court can entertain.
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Suit for bare declaration is maintainable - at the time of presentation of Plaint court has to go only by plaint Avernments and cannot direct plaintiff to seek consequential relief and value suit under section 25(b) instead of section 25(d)
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Dispute regarding title to suit property admitted by both parties - declaratory relief is required - plaintiff permitted to amend the plaint regarding court fee
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Title of predecessor in title of plaintiff not proved - consequently title of plaintiff, not proved - suit for declaration dismissed
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Non suiting Plaintiff with colourable denial of title,unconscionable - bonafied denial of title and colourable denial of title, recommended - no need for Plaintiff to seek any declaratory relief.
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Children From Void Marriage Can't Be Denied Share Of Notionally Partitioned Property Of Their Parents : Supreme Court
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No decree for removal of superstructure - Executing Court is empowered to order removal or demolition of superstructure and delivery of Possession
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Article 135 of Limitation Act, will apply only to a Decree for Mandatory Injunction simpliciter and it is not applied to an execution of a Decree for Prohibitory Injunction coupled with mandatory injunction, for which time Article 136 alone will apply
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At the time of filing suit there was no obstruction to C schedule road and obstruction was made during pendency of suit - Appellate Court exercised power to mould relief under O.41 R.33 - There was no reason to hold that District Court went wrong in granting mandatory injunction by ordering status quo ante -
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Genuine dispute raised by defendant regarding title of plaintiff over suit property - Plaintiff's title over suit property is not free from cloud - Suit simpliciter for permanent injunction filed by plaintiff without seeking declaration of title, not maintainable.
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Plaintiff filed certified copy of sale deed in their father's favour - Burden on Defendant to prove the fraud - possession follows title - plaintiff declared as title holder
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Plaintiff who seeks declaration of title has not produced any document except sale deed executed in their favour - plaintiff failed to prove title of predecessor in title
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Drawing of formal decree is not necessary - free award copy to be delivered to parties - for filing appeal signed copy of award is sufficient - certified copy not necessary -
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Cheque Bounce Complaint Cannot Be Dismissed Merely For Violation Of Section 269(SS) Of Income Tax Act: Himachal Pradesh HC
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Long cohabitation of couple does not become marriage when one of them is in a subsisting marriage: Kerala High Court
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During pendency of SARFAESI proceedings, partition suit filed by minor is maintainable
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Unless set aside by competent court, compromise decree passed by court is bi parties - Compromise Decree Acted Upon
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Suit filed within three years from date of infringement is not barred by limitation- suit filed after 18 years of entering into compromise was barred by limitation - Is liable to be set aside - Change name in revenue record doesnot give cause of action
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The execution of a document/deed does not stand admitted merely because a person admits to having signed the document/deed.
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Bank Not Liable For Motor Accident Compensation Merely Because Offending Vehicle Was Hypothecated With It: Bombay HC
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Electric scooter battery explosion: Consumer forum directs Benling India to pay ₹10 lakh compensation
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S.197 CrPC Applies Only To Acts In Discharge Of Public Servant's Official Duties; Fabrication Of Documents Not Part Of Official Duty: Supreme Court
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S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP HC
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Accused Cannot Lead Evidence By Affidavit, Statute Only Permits Complainant To Tender Evidence In Such Form: AP High Court
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Fixed deposit - Jointly owned by husband and wife with 'either or survivor' clause Cannot be pledged with Bank by one account holder without consent of other - Bank also cannot set-off fixed deposit against any claim in respect of one account holder
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when the principal debtor did not repay the bank loan, the bank as creditor can adjust it at maturity of the Fixed Deposit Receipts deposited by the guarantor with the bank as security, though the debt became barred by limitation at the time of maturity of the said Fixed Deposit Receipts
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