Showing : 11-20 of 188 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d)-- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54-- Registered sale deed - Cancellation - Registering authority, or any authority invoking administrative power, has no power to cancel the sale deed once registered even if allegation of impersonation/fraud is alleged...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for cancellation of sale deed - Starting point of limitation for instituting suit for cancellation of transfer deed would commence from date of knowledge of registration of document and not from date of execution of same...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49-- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before competent..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 34, 35, Specific Relief Act, 1963, Section 31-- Sale deed - Cancellation - Once sale deed is registered, Registrar has no authority to cancel the registration of sale deed - Moreover, as per S.31 of Specific Relief Act, it is only the Court which has power to cancel an instrument - Unless and until there is provision in Registration Act or..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 5, 8, 10, 11, 55, Indian Contract Act, 1872, Section 23-- Not completing construction within stipulated period - Condition mentioned in allotment letter - No such condition stipulated in sale deed - Corporation thus, had no right to insist cancellation of plots or demand of payment on the basis of conditions mentioned in allotment letter after making..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 55-- Sale - Cancellation - When buyer discharges obligations and seller passes/conveys ownership of property, contract is concluded - Thereafter, liabilities, obligations and rights, if any, between buyer and seller would be governed by other provisions of Contract Act and Specific Relief Act on..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Ad valorem Court fee - Suit for cancellation of sale deed and declaration - Plaintiffs were executants of sale deed and were party to said sale deed - They are thus, bound to pay ad valorem Court fee u/s 7(iv)(c) of the Act...........

Showing : 11-20 of 188 Results