Showing : 11-20 of 1643 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 20-- Specific Performance - Auction sale - Plaintiff purchased the plot in auction - He directed to deposit 75% of sale proceeds along with simple interest - Plaintiff deposited the said amount within 15 days in compliance of said direction - Suit of plaintiff rightly decreed by trial Court and..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges -..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Partition suit -- Without seeking cancellation of sale deed - Maintainability - Suit property transferred in the name of one of legal heir of original allottee/defendant No.1 as per Government order - Plaintiff/other legal heir not objected the said document at the time of allotment - Therefore, without avoiding..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell executed by owner in favour of appellant - Son of owner on the basis of power of attorney sold the property to respondent - Appellant filed suit for specific performance and cancellation of sale deed executed in favour of respondent - Respondent is a bona..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell-- Suit for specific performance - Agreement to sell though in fact is sale deed but since sale is not complete as it is not registered as such suit filed by plaintiff for direction to defendant to get the same registered and enforced is maintainable...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 239, 216-- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Suits Valuation Act, 1887-- Sale effected by defendant not assailed - In absence of any declaration such sale could not be set aside - Relief of possession does not include the relief of declaration - As there was no issue regarding validity or otherwise of sale deed as such sale deed cannot be set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Registration Act, 1908, Section 49-- U, registered sale deed - Collateral purpose - Sale deed in question cannot be received in evidence, as it is not registered - It cannot also be received for a collateral purpose, as delivery of possession which is not a collateral transaction i.e independent or divisible from transfer recorded in..........

Showing : 11-20 of 1643 Results