Showing : 1-10 of 42 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Easements Act, 1882, Section 52-- Licence - Exhibit-B3, does not create an outright sale but a mere licence - Through Exhibit-B3 no right has been granted to defendant no.1 by plaintiff enabling him to transfer, sell, alienate or encumber the said right - Only license was granted for construction and conduct of a telephone booth -..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 126-- Gift - Revocation - Donor gifted the suit properties to donee with absolute rights, but retained his right to enjoy the same till his death - After death of donor, donee would get absolute rights in respect of suit properties - Donor had no right to unilaterally execute any revocation deed for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question -..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31-- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit for permanent injunction filed when it was open for plaintiff to file suit for specific performance - At the later stage on the same cause of action plaintiff seeking leave to file a comprehensive suit of specific performance - When main relief should be for seeking specific performance of..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212-- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any right whatsoever in disputed property on the strength of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Suit for specific performance - Ex parte decree set aside on payment of Rs.11 lacs which was towards advance and interest - Imposition of condition to pay entire decretal amount is meaningless to set aside ex parte decree - Reduced to 50% - Ex parte decree set..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Suit for possession by way of specific performance of agreement to sell - In written statement filed by petitioner-defendant initially, a plea was taken that alleged agreement to sell is a forged and fabricated document - Petitioner-defendant moved application for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading of a party - Suit for specific performance - Sons of defendant allowed to be impleaded as a party to the suit on the plea that property in dispute is ancestral coparcenary joint property in the hands of their father and he has no right to alienate the same - Held, in a suit for specific..........

Showing : 1-10 of 42 Results