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Showing posts from February, 2024
BREAKING | No Automatic Vacation Of Stay Orders Of HCs On Civil & Criminal Trials : Supreme Court Overturns 'Asian Resurfacing' Judgment
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Judgement debtors not entitled to raise objection against attachment once warrant of attachment is issued
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sale agreement entered into by the guardian without obtaining Court permission is not specifically enforceable is in accordance with law.
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Plaintiff can claim only easement right,not co owner - using pathway only for men, cattle, doesn't include right to lay pipeline underneath the earth on the common pathway.
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Attachment before judgement ordered - suit dismissed for default - Order of attachment automatically gets withdrawn when the suit dismissed
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Partial Rejection of Plaint - court has no power to partly reject the plaint
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Suit for specific Performance - mis description of Property - boundary are correct - only survey number in the sale agreement mistakenly given - boundary will prevail over survey number
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Power of attorney and agreement to sell in respect of 1 acre 80 cents out of 2 acre 32 cents in 1982- agents getting approval on 1988 for layout and sold entire 2 acre 32 cents - Plaintiff filed suit for declaration on 1992 - beyond 3 years - Barred by limitation - if suit is barred by limitation, the court is bound to reject the plaint.
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EP for delivery of Possession - Third Party obstructor - DH filed petition under order 21 Rule 97 for removal of obstruction - Third Party obstructor filed petition under section 47 - Execution court dismissed the section 47 petition as only parties to execution maintain the petition, third party cannot filed section 47 petition.
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Mortgage - In favour of minor - Minority of mortgagee renders it void ab initio - law cannot be read differently for a minor who is a mortgagor and a minor who is a mortgagee as there are rights and liabilities in respect of the immovable property would flow out of such a contract on both of them.
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Sale Agreement With Minor Void, Not Enforceable In Law: Supreme Court
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Act applicable only to tenancies of land created prior to cut off date as per G.O.Ms.No.1285 dated 31.05.1975 - Provisions of law applicable only land alone not for land with building - Trust is exempted under the Act as per G.O.Ms.No.2000 dated 16.08.1976
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Succession Certificate - procedure contemplated in the act is summary procedure - enquiry must be in summary
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Widow died intestate leaving behind self acquired property - two applications one by mother and another by LRS of husband - the property is not received from parents, only her self acquired property - hence legal heirs of husband alone entitled.
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Wife filed petition for issuance of succession Certificate to succeed estate of her husband - deceased husband's mother contended that, after Remarriage wife lost right to succeed estate of husband - Held, subsequent Remarriage will not disqualify wife from succeeding to estate of her husband.
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Probate proceedings are commenced with filing petition not by filing plaint - presentation of petition for probate is different from suit proceedings - it cannot be treated as suit proceedings.
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For Succession Certificate court fee has to be paid under schedule I, Article 4 of Tamilnadu court fee and suit valuation Act.
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Letters of Administration issued only to administer estate of deceased - in LOA proceedings court can't interfere with any aspect of right of ownership of property
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Property sold to third party during subsistence of interim injunction restraining the defendants from alienation - Impleading petition filed by such third party - maintainable
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Suit filed against dead Person - summons returned as the person died - Application for Impleading legal heirs of deceased is maintainable
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Impleading at instance of third party in final decree proceedings without filing application to set aside preliminary decree is maintainable.
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Right of petitioner not crystallized - earlier suit filed by mother of petitioner claiming right, dismissed - Hence petitioner not necessary party - Impleading petition dismissed.
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Appeal - Death of respondent - L. Rs. of deceased have to be brought on record - It is not necessary that who is LRS at the stage of Impleading - it's only on trial.
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Injunction Suit To Protect Possession Not Maintainable When Plaintiff's Title Is Disputed: Supreme Court
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When an arbitrator already appointed by one of the parties to the agreement in terms of agreement - Any Challenge To Arbitrator Appointed Should Be Raised Before The Arbitrator Himself In First Instance
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Mere neglect of an arbitrator to act or delay in passing the award by itself cannot be the ground to appoint another arbitrator in deviation from the terms agreed to by the parties
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house wife, aged 30 years - Income assessed at Rs.5000/- p.m. - 40% added towards future prospects.
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Claim for legal heirship on basis of Will - He cannot claim his impleadment in suit for declaration of sale deed as null and void, as legal heir of deceased plaintiff.
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Eviction suit - Plaintiff died during pendency of suit - brother of deceased-plaintiff also seeking impleadment as L.R. on basis of Will executed by plaintiff in his favour Refusal to implead appellant as L.R. on ground that execution of Will was suspicious - Improper.
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Homemaker's Deemed Income Can't Be Less Than Minimum Wages Notified For Daily Wager : Supreme Court
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A blank cheque leaf, which has been voluntarily signed by the drawer and handed over to the payee towards some payment, will carry the presumption that it was issued in discharge of a legally enforceable debt as per Section 139 of the Negotiable Instruments Act.
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purchaser of an undivided share from a coparcener cannot insist on allotment of a particular developed portion in the partition when the construction was without the consent of the other coowners
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Advocates Can't Be Brought Under Consumer Protection Act Just Because Doctors Are, Both Professions Different: Argument Before Supreme Court
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Property Purchased By Hindu Husband In Homemaker Wife's Name Is Family Property
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Father of plaintiff and defendant executed will in favour of three sisters - "A" executed release deed in favour of "B" ,"B" died intestate and issue less - "A" filed suit for partition of "B" s property against another sister "C" - "C" claiming that "B" executed a will in her favour - will proved - partition suit dismissed
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Self Acquired Properties Of Hindu Joint Family Member If Thrown In "Common Hotchpot" To Be Treated As Joint Family Property
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Awards Passed by Unilaterally Appointed Arbitrators are Non-Executable - SC
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Even if No Objection is filed by JD, Court shall not Execute an Award passed by Unilaterally Appointed Arbitrator
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No amount of evidence can be looked into without Pleading - suit for partition plaintiff is expected to plead certain essential facts.
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No amount of evidence can be looked into without Pleading - suit for partition plaintiff is expected to plead certain essential facts.
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Objection under Section 47 of the CPC are not maintainable in execution proceedings for the enforcement of an arbitration award.
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Order allowing application for rescission is an appealable order - revision not maintainable
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Mere suit for bare injunction not maintainable against a person claiming ownership based on registered sale deed
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Suit for - permanent injunction - Maintainability - 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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Application for amendment of memorandum of appeal - Rejection merely on ground of delay, held, illegal.
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First suit for injunction - second suit for declaration possession not prooved - declaratory decree could well be rejected on merit.
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The plaintiff having miserably failed to establish title to thesuit property, the suit for declaration and possession ought not have been decreed on ground of adverse possession.
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Since 'S' had acquired a vested right in the properties on the date of the settlement deed it could not be defeated by his death before he obtained possession. His widow 'G' being his sole heir was, therefore, entitled to the said properties on the termination of the life estate of 'P'.
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Essential Revocability of Will during life time of testator Distinguishes Will from gift - A 'Will' need not necessarily be registered. But the fact of registration of a 'Will' will not render the document a settlement(after life time of executant property would absolutely go to sons - Document does not create right, titles, ownership in sons when document was executed or during life time of executant - Subsequent events are of no use in construing documents. Document in question is not gift.
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Limitation period of one year for filing of suit for preemption
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Suit for declaration - Purchaser, admittedly not in possession of property -Relief of recovery of possession, however, not claimed in suit for declaration - Suit filed for mere declaration, without relief of recovery of possession, not maintainable - Onlyone owner of land, however, impleaded as party Issue regarding non-joinder of other owner as necessary party - Decree of declaration, not sustainable.
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Plaintiff claiming declaration of his ownership - Relief of permanent injunction restraining defendants from interfering with plaintiff's possession and even alternative prayer for decree for possession also claimed - Dismissal of suit on ground that it was suit simpliciter for declaration - Improper
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suit seeking for declaration of title of ownership but where possession is not sought, is hit by the proviso of Section 34 of the Specific Relief Act, 1963 and, thus, not maintainable
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Order XXXIX Rule 2A CPC Can Be Invoked Against Any Person Even If He/She Is Stranger To Suit
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Suit for declaration of Title without relief of delivery of possession not maintainable - Admission during trial - Admissions are not conclusive proof but may operate as estoppel against its maker.
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Declaratory relief without asking consequential relief - during appeal filed amendment for consequential relief - amendment time barred - not maintainable
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Whenever evidence is recorded by Commissoiner it will be advisable that there should be simultaneously at least an audio recording of the statement of the witnesses.
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Suit for declaration of share in property - Plaintiff was not in exclusive possession of property because twoother persons and also tenants were in occupation -Failure of plaintiff to claim relief of possession - decree for declaration barred - without specific prayer court cannot mould the relief
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Suit for declaration of title - defendant not in possession and not in possession to deliver possession to the plaintiff - plaintiff need not seek the relief of delivery possession
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Suit for declaration of title and declatation of sale deed null and void without relief of delivery of possession not maintainable
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After the purchase of the property in the Court, without filing an application under Order 21, Rule 95, the Court auction purchaser filed the suit for delivery of possession not maintainable
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Amount received by claimant-legal heirs of deceased under Employees Family Benefit Scheme - Cannot be deducted while calculating loss of income.
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starting point of limitation does not commence fromthe date when the right of ownership arises to the plaintiff but commences from the date the defendant's possession becomes adverse.
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Principles of adverse Possession -Suit For Declaration Of Title Without Seeking Recovery Of Possession Not Maintainable When Plaintiff Not In Possession - amendment of a plaint can be made at any stage of a suit , even at the second appellate stage -
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The sub Registrar is directed to register the documents presented by the petitioners for Registration , without insisting on the production of original parent document,
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None of the provisions of the Act or the Rules contemplate the Registrar to require the party appearing before him for presenting document to produce the original title deeds
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Suit for declaration of document not binding by third party to document - court fee ought to be paid under section 25(d) and not under section 40
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Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court
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A party forfeits its right to file an application under Section 8 of the Arbitration and Conciliation Act, 1996 once it has filed the written statement in a civil suit.
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Original will in the hands of defendants - Plaintiff permitted to mark photo copy of the will
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PW1 in his oral evidence has admitted the possession of the first appellant / first defendant - based on such admission, court can't decide that,1st defendant is in possession of the property
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Beneficiary played important role in execution of will and Registration of will - suspicious circumstances - will not genuine
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Gift of undivided share by coparcener is void Though ostensibly gift, one brother relinquishing his interest in favour of another - It enures for benefit of remaining coparceners also - Ostensible gift is valid Consent of other coparceners is immaterial.
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Grant of probate or letters of administration - Application for Limitation - Article 137 of Limitation Act applies - right to get letters of administration is continuous right which can be exercised anytime Application for letters of administration not barred by law of limitation.
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Letters of administration Petition for - Limitation - Art. 137 of 1963 Act applies - District Judge to be Judge of Principal Civil Court -
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Will - Due execution proved - Holding it as non-authentic on disinheritance of daughters - Not proper
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The delay in filing the application for comparison of signature will not be debarred the claim of the petitioner
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No time could be fixed for filing Applications under section 45 of the Indian Evidene Act for sending the disputed signature or Writing to the Handwriting Expert for comparison and opinion and same shall be left open to the direction of the Court
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Neither any provision of law nor any rule mandates that the time gap between the admitted and the disputed documents must be within three years. It is for the Export to decide
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Comparing Signatures made between time gap of 2 to 3 years is desirable No hard and fast rule in fixing time for sending signature for expert opinion
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Mortgage by deposit of Title deeds - decree holder released documents by accepting part payment of decree –finding of execution court that release of document by decree holder would discharge of decree amount, erroneous – decree holder is at liberty to amend execution petition to attach property to proceed with execution - award of arbitrator cannot be treated as a decree for sale of mortgaged property for recovery of decree amount .
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Date Of E-Filing Final Report To Be Taken As Date Of Filing, Not When Papers Are Made Physically Available At Court: Madras High Court
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