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Showing posts from June, 2024
Even though one clause in agreement of sale specifically states that vendor would be willing to allow purchaser to lay fence, form road and layout, said clause doesn't amount to putting purchaser in possession of Property - Time fixed in agreement for performance is 90 days - Plaintiff failed to perform within time - without termination of agreement to sell Vendor can deal with the proeprty.
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While considering the question of grant of interim injunction, the courts are required to consider the three tests of prima facie case, balance of convenience and irreparable injury.
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Transfer of ancestral property by Karta of the family is with the knowledge of legal heirs - if not questioned within 12 years,it can't be set aside by the court.
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While considering an application under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint - The plaint cannot be rejected partially
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Averments in the plaint alone are to be examined while considering an application for rejection of plaint - No other extraneous factor can be taken into consideration
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In a dispute with respect to determination of title, merely pointing out the lacunae in the defendant's title would not suffice - plaintiff in the present case, has manifestly failed to do.
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Debt incurred by father or kartha of Undivided Hindu Mithakshara Family Debt incurred with knowledge and consent of adult members who attested mortgage deed Family members bound to discharge debt
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Father of plaintiff Mortgaged of suit property and subsequently sale deed executed in favour of other defendants for payment of "antecedent debt" and for legal necessity of family members then plaintiff can not claim share on said properties
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Family manager executed sale deed of first item of suit properties in favour of his son and daughter-in-law - Such sale deed would be binding on plaintiffs and they are not entitled to secure any share in first item of suit properties.
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Suit for Partition and Declaration of Sale Deed executed by Father as invalid - Purchaser failed to prove that, property was sold for family necessity - Sale to Appellant, invalid - Limitation twelve years from date on which Alienee takes possession - Alienation in 2001, Suit filed in 2012 Suit filed within time.
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Karta of Joint Hindu Family executed agreement to sell on account of legal necessity - Coparcener cannot challenge decision of Karta to deal with - Need for funds duly reflected in agreement to sell Therefore, Karta alongwith co-parceners bound to execute sale deed in favour of vendee.
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Joint Hindu family property in which minor had an undivided share - Sole/disposed of by Karta - S.8 requiring previous permission of Court before disposing of immovable property - Not applicable.
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Alienation by father - Validity - substantial portion of sale consideration going into discharge of antecedent debts -Suit to challenge alienation filed afterlong lapse - Not maintainable.
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Court passed decree assuming the existence of Will and proceeding to interpret the clauses in Will without recording the proof of same and passing judgment on admission was erroneous
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Father of petitioner as Karta of the HUF, was entitled to mortgage the HUF property-Son(s) or other member(s) of HUF need not be consenting parties to the mortgage- Karta has the right to sell/dispose of/alienate an HUF property, even if a minor has undivided interest,
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Insurer's Liability Not Avoided By Driver's Unlicensed Status: NCDRC
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Powers Of The DRT To Condone Delays In Filing Applications Under Section 17; A Question Put To Bed?
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can a complaint under section 138 be Amended
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HFCs Can Resort To SARFAESI Provisions For Recovery Of Loans Even If Borrowings Fall Below Threshold Limit Of 20 Lacs: M.P High Court
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S.120 Evidence Act] Husband & Wife Can Testify On Behalf Of Each Other Without Executing Power Of Attorney: Kerala High Court
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S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused: Supreme Court
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Laws of Top Maintenance Cases in Favour of Husband
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Adoption Severs Ties With Biological Family & Replaced By Those Created By The Adoption In Adoptive Family
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Dispute Arising Out Of Ordinary Transaction Between Banker & Customer For Recovery Of Fixed Deposit Is A Commercial Dispute: Bombay HC
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Executing Court must ascertain stamp duty payment issue before enforcement of Arbitral Award - unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void
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S.90 of evidence Act does not apply to wills
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Live-In Relationship With Married Man Cannot Be Treated As Relationship "In The Nature Of Marriage": Madras High Court
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consideration is inadequate cannot be a ground to set aside the sale
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A person who has contributed to the purchase of the property can sue either for recovery of money or partition - Though the sale deed stood in the name of the husband, the wife is not precluded from leading evidence to show that she is entitled to a share in the property by virtue of the contributions made by her - The wife produced extracts of the diaries maintained by the husband to show the contributions made by her - Party not found to be in joint possession - Court fee ought to have been valued on the plaintiff's share of the suit property instead of paying notional court fee under Section 37(2).
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Misquoting provision of law Misquoting of provision, not fatal to case of Petitioner
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Suit instituted to declare of Title and Recovery of Possession - Held, Civil Court competent to decide independent Title of parties de hors Orders passed in Settlement proceedings under Inam Act - Rejection of Plaint shall be decided by referring Plaint averments and documents
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Timeline for deposit of Purchase money and Stamp Paper - non-submission of Stamp Paper after expiry of prescribed time would no way materially affect Sale process conducted by Execution Court - Time limit prescribed for deposit of Stamp Paper for issuance of Certificate of Sale is directory and not mandatory.
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