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Showing posts from October, 2024
Rule 9(4) Of Security Interest (Enforcement) Rules| Period To Deposit Balance Sale Consideration Extendable With The Consent In Writing Of The Parties - Auction Sale Can Be Cancelled Only If Purchaser Defaults In Payment Of Balance Amount : Supreme Court.
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Misconduct Before Arbitral Tribunal Or Sole Arbitrator Can Constitute Contempt Of Court: Delhi High Court
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Partition suit - Sale before 2005 by male members - daughters not challenged within limitation - Plaintiffs suppressed material fact of PoA, disqualified them from claiming relief -
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General power of attorney is executed jointly by more than one principal, the death of one principal would not automatically terminate the agency.
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Default in repayment of loan - Order of attachment of property - Arbitral Tribunal had exercised its discretion properly.
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Co-operative society registered under Act of 1983 does not fall within the definition of "public authority" under S. 2(h) of RTI Act Co-operative society is not bound by RTI Act to provide information.
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Grounds urged before District Court were urged before Arbitrator and Arbitrator gave reasons for rejecting contentions of ap- pellant and granted an award in favour of respondent - Those grounds cannot be re-agitated in S.34 application -
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where plaintiff alleges title to the property is denied court fee to be paid on half of market value of the property or subject to a minimum under Section 27(a) Admission that title of plaintiff in respect of suit property is disputed by the respondent, the valuation under Section = 27(c) improper.
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Stridhana properties of a female dying intestate before Hindu succession Act, presence of daughter would have excluded the son and husband -
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Non-consummation of marriage, Plea of Not allowing sexual intercourse without reason amounts to mental cruelty
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Specific Performance - Plaintiff filed suit for injunction anf filed petition for leave to file a comprehensive suit of specific performance at later stage on the same cause of action and it was "Permitted" - No party can reserve main relief, on account of payment of heavy court fee and file a suit for consequential relief, reserving main relief, under O.2 R.2 CPC Not legally maintainable,
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Breach or disobedience of injunction - Persons who are not parties where order of injunction is passed are normally not to be proceeded against for disobeying injunction - But proceed against agent of respondent - application under O.39 R.2A is not hit by delay and laches -
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Pendent Lite Transferee Who Is A Stranger To Suit Can Seek Redelivery Under Order XXI Rule 99 CPC: Supreme Court.
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Suit for partition - Application filed for impleadment by persons who have purchased undivided share are entitled to come on record to workout equity in their favour in final decree proceedings - Necessary and proper parties to Suit - impleading petition allowed.
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Property purchased by father from his salaried income - Such property inherited by his sons by succession - Not a joint Hindu Family property
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Sale Not A Contract; No Bar To Transfer Immovable Property To Minor - Tenant can't claim adverse possession - limitation to prove title by adverse possession would commence from the date of the defendant's possession becoming adverse and not from when the plaintiff acquires the right of ownership.
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The Delhi High Court set aside an arbitration award due to the arbitrator’s failure to disclose conflicts of interest, as required under Section 12
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Rule 55-A TN Registration Rules Has No Statutory Authority, Introduced Only To Enable Registrars To Refuse Registration Indiscriminately: Madras HC
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Once Transaction Is Hit By Lis Pendens, Bona Fide Purchase Or Lack Of Notice Of Agreement Not Defences: Supreme Court
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Depositions from prior proceedings can be admitted in subsequent proceedings against same party - Criminal Court in 138 proceedings had found that Cheque was not issued for legally enforceable debt - Held, acquittal in Criminal case does not preclude Civil liability for debt.
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Legal heirship certificate - Father of the petitioner missing and not heard of for over 40 years - Petitioner entitled to a certificate invoking the presumption under Section 108 - burden of proof does not lie on the Petitioner - Declaration suit not necessary.
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Transfer by mortgagee - Transfer of absolute title in mortgaged property - Suit by mortgagor - Art.61(b) applies (Ramathal Case)
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Suit for redemption of mortgage - Filed by respondent against third parties after 58 years - It was neither averred nor proved in plaint that predecessor of respondent did not have knowledge of transactions relating to property prior to12 years of filing of suit - Suit held was barred by limitation.
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Transfer by mortgagee - Transfer of absolute title in mortgaged property - Suit by mortgagor - Art.61(b) applies - Burden lies on plaintiff to show that cause of action was notbarred - Held on facts that plaintiff failed to prove about his knowledge of transfer within 12 years.
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Sale of mortgaged property by mortgagee as absolute owner - Mortgagor's remedy - Suit for recovery of possession by mortgagor - Limitation - Starting point
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Death of agreement holder - Father of agreement holder (Class II heir) filing suit for Specific performance - Legal representatives inherit right of agreement holder on his death Right of agreement holder will pass on to successor in interest on his death
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Legal Helis of Original Owner can not refuse to perform Contract on ground of delay - Supplementary Agreement extends time for completion of Contract
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Order revoking leave is also an appealable order.
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G.O. Ms.No.727 dated 8.3.1960 Suit under Section 92 can be filed only before Subordinate Court having jurisdiction over subject matter
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Suit filed by trust seeking permission to dispose of suit property by entering into joint development agreement and discharge of liability of trust Trustees had also sought declaration that property as secular property - Suit was decreed and permission was granted for sale of property.
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Appeal against order of District Judge - Locus standi to question order - Person, not party to proceedings, can prefer Appeal if he establishes that he is interested in welfare of trust.
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Order granting leave to institute Suit against Public Trust - Revision could not be maintained - Remedy is to approach Trial Court for revoking leave.
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Properties originally belonged to Public Trust Trust Deed specifically bars alienation/enjoyment by Trustees or Family Members - Trustees colluded to exchange valuable Trust property - Trustees cannot misuse Trust properties - Any transaction contrary to Trust Deed is null and void, unless ordered by Competent Court Held, Exchange Deed executed between wife of Trustee and Managing Trustee is illegal, null and void.
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Amendment of Objects of Trust - Trust Board has got power to modify/amend Trust Deed as per clauses of original Trust Deed, permission of Court is not necessary.
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Principal District Court alone is empowered to entertain an Application under Section 92 - Additional District Court cannot entertain any Application for leave under Section 92, C.P.C.
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Jurisdiction - Both District Courts and Subordinate Courts have concurrent jurisdiction without reference to any pecuniary limits -
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Suit filed against Public Trust - Sub-Courts and District Courts have concurrent jurisdiction to entertain Suits without reference to pecuniary limits - First Appeal against judgment of Sub-Court would lie only before High Court - Appeal filed before District Court is not maintainable.
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Caveat - Grant of leave to file Suit, an administrative action - Issuance of notice to Respondents/Defendants not mandatory before numbering Suit
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Caveat - Grant of leave to file Suit, an administrative action - Issuance of notice to Respondents/Defendants not mandatory before numbering Suit
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Revision could not be maintained against order granting leave to institute Suit against Public Trust - Remedy is to approach Trial Court for revoking leave.
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while granting Leave, Court need not send Notice to other parties Along with Suit, - Court initially granted Interim Leave and Suit was taken on record - Grant of Leave is Administrative Order - aggrieved, can always file Petition to revoke Leave.
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Scheme Decree passed for administration/management of trust - for violation of terms, independent Suit not maintainable - Scheme Court will continue to have control over proceedings - Petitioner given liberty to file appropriate Application before Scheme Court and agitate same.
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Suits vindicating Personal rights, though filed in interest of Trust, not permissible and Leave rejected at threshold - Trust Deed authorizes Trustees to deal with property Mode of Sale provided in Deed itself - Sale completed 3 to 4 decades ago cannot be construed as offence.
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Trust Original Petition before District Court seeking permission to sell trust property District Court granted permission - Third party filed a Revision challenging order of Court - Private Trust alone can maintain Petition under Sections 34 and 39 of Trusts Act Public Trust should file Application under Section 92 of C.P.C - Difference between private trust and public trust explanation.
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Arbitral Award Must Carry Post-Award Interest As Per S. 31(7)(b) : Supreme Court
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Application under section 92 seeking permission to Sell trust Property would be maintainable Under section 92(1)(f) of CPC.
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Adoption of Widow of deceased coparcener - Relates to date of her husbands death -
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