Showing : 41-50 of 78 Results

RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Leave to defend - Mere denial of execution of promissory note is not enough to grant leave to defend without condition of security - No interference warranted in order granting leave to defend on furnishing security...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Negotiable Instruments Act, 1881, Section 118(a)-- Consideration - Presumption - Rebuttal - Mere denial that no consideration had passed is not sufficient to rebut the presumption and something probable had to be bought on record to prove the non-existence of consideration...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13-- Denial of relationship of landlord and tenant - Held, mere denial of relationship of landlord and tenant does not oust the jurisdiction of the Rent Controller...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Agreement to sell-- Specific performance - Subsequent purchaser without notice of previous agreement to sell - Onus is on transferee to prove - Mere denial by the transferee that he had no notice of the previous contract for sale will not discharge the onus casted on him. (Specific Relief Act, 1963, S.19(b), Evidence..........
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..........
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 purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and plaintiff - Mere..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Denial of issuance of cheque - Held, once cheque is duly singed by accused, mere denial of issuing cheque is not sufficient to rebut the presumption available u/s 139 of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse Possession-- Possession cannot be held to be adverse if referred to a lawful title - One who holds possession on behalf of another does not by mere denial of that other's title make his possession adverse - A person who enters into possession having a lawful title, cannot be permitted to show that his..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Adverse possession-- Means hostile possession which is expressly or impliedly in denial of title of the true owner - Mere long possession is not sufficient - In order to constitute adverse possession the possession must be adequate in continuity, in publicity and in extent so as to show that it is adverse to the true..........
KERALA HIGH COURT
Year of decision: 2006
Details
Evidence Act, 1872, Section 114-- Mere putting of signature does not amount to admission of execution of document - Admission as to putting signatures on a blank paper does not amount to admission of execution of document - Burden to prove does not shift on the person who subscribed signature to a blank paper - Evidence to be..........

Showing : 41-50 of 78 Results