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 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..........
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..........

Showing : 41-50 of 511 Results