Showing : 1-10 of 496 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A)-- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A) Registration..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Subsequent sale - Suit can be instituted within the period of three years from cause of action arose between parties - Defendant executed sale deed in favour of subsequent purchasers within three years of period of limitation - It was mandatory for defendant to wait..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 152-- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........

Showing : 1-10 of 496 Results