Showing : 41-50 of 511 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Contentious issue particularly with regard to authenticity of Mutation entry and question as to whether there was a complete or partial redemption of mortgage property did raise substantial questions of law which required High Court to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 120B-- Quashing of FIR - Cheating - Wrong entries in the mutation record - Mutation entries are fiscal entries and do not create any right in the property - Criminal prosecution for the same amounts to abuse of process of law - FIR quashed - Petition allowed...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Joint family property-- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Will-- Entry of mutation - Effect thereof - Entry of a mutation on the basis of will, would not prove that a will was actually executed and duly proved...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Law-- Suit for partition - Agriculture land already in possession of plaintiff as Khatedar at the time of institution of suit - No claim of defendants as to division of khatedari rights or mutation - Suit instituted for partition of haveli only - After accruing Khatedari rights, agricultural land would..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Co-owner-- Ouster - Simply mutation of name of defendant in revenue record is not sufficient to presume ouster of plaintiff - Moreover, it is not shown that name of defendant was entered in revenue record after rejection of claim/objection of plaintiff - Evidence on record shows that plaintiff is in..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Restraining defendants and their agents, successors, representatives from using alleged Wills - Wills in question were validly executed in favour of defendants by father of plaintiff - Mutation already granted in the name of beneficiaries and plaintiff failed to challenge..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration challenging two Wills - Bar of limitation - Wills in question were executed by father of plaintiff in favour of his two sons to the exclusion of plaintiff - Mutation was effected in 2004 on the basis of Wills of 1996 - Said mutation not challenged by plaintiff within period of..........
DELHI HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration challenging two Wills - Wills in question were validly executed and not proved to be forged and fabricated - Long silence of plaintiff from the date of mutation of Wills till 2007 established that he knew about the existence of Wills executed by his father whereby he divided..........

Showing : 41-50 of 511 Results