Showing : 51-60 of 191 Results

ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of..........
DELHI HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59-- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable, it..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 31-- Cancellation of sale deed - Plaintiff executed the registered power of attorney (GPA) of his property in favour of defendant No.1 - Defendant No.1 executed sale deed of suit property in favour of defendant Nos. 2, 3 & 4 - Said GPA in favour of defendant No.1 was never cancelled till now - Sale..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Sale deed executed by defendant No.1 on the basis of power of attorney (GPA) executed by plaintiff in his favour - Questions as to whether plaintiff had cancelled the GPA and as to whether sale deed registered is liable to be cancelled, are not..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 423, 467, 468, 471, 506-- Bail - Cheating and forgery - Nature and gravity of offences - A simpleton disciple was duped by spiritual Guru of his valuable landed properties on the pretext of curing mental ailment of his son - At the time of transaction, disciple had an impression that it was a gift deed through which his..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for cancellation of sale deed - Only dispute between parties relating to facts as to whether disputed sale deed was executed by original owner or it was executed by any impostor - Said question is not a question of law but is a question of fact, that can be decided on the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 9-- Jurisdiction of civil Court - Agricultural property - Suit for cancellation of sale deed - Dispute as to ownership of agricultural property still pending in revenue Court - Since civil Court has no right to decide the main relief of declaration and recognition of bhumidhari rights of disputed..........
UTTARAKHAND HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17-- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of two..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Partition-- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of..........

Showing : 51-60 of 191 Results