Showing : 1-10 of 43 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 4, 5-- Registered gift deed - Quashing of gift deed without giving opportunity to petitioner - Tribunal quashed the registered gift deed by proceeding in a hot haste - If Tribunal has any apprehension that petitioner would alienate property, then Tribunal could have passed any appropriate order..........
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..........

Showing : 1-10 of 43 Results