Showing : 21-30 of 71 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Bonafide purchaser for valuable consideration - Power of attorney - Revoked after sometime - Agreement to sell executed by him thereafter - Another attorney appointed - Second attorney selling property to another person - Held, suit for specific performance on basis of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Transfer of Property Act, 1882, Section 41, 52-- Bonafide purchaser - During pendency of a suit or a proceeding - Principle of estoppel does not govern the doctrine of lis pendens - Principle of estoppel must yield to the doctrine of lis pendens under which no title in property could be validly transferred during the pendency of the litigation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2007
Details
Hindu Law-- Alienation - Duty of purchaser - Onus of proof is on the purchaser to prove that property was alienated for legal necessity or that he had made proper and bonafide enquiry as to existence of legal necessity - If sale is not for legal necessity it will not bind the other members of the family...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41-- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Agreement to sell-- Specific performance - Bonafide subsequent purchaser for value without notice - Enquiry not made as to who is in cultivating possession of suit land - Jamabandi also not looked into to know as to who is cultivating the land - Having his own agricultural land adjoining the land in question,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was dismissed, but even the decree was executed and the decree holder was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111-- Agreement to sell - Subsequent purchase - Bonafide purchaser - Burden of proof - Suit for specific performance of agreement to sell - Burden lies on subsequent purchaser to prove that he is a bonafide purchaser without notice of the prior agreement -Plaintiff not to show that subsequent purchaser..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111-- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent purchaser and..........

Showing : 21-30 of 71 Results