Showing : 51-60 of 1643 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 90-- 30 years old document - Sale deed - Presumption u/s 90 of the Act - For application of presumption u/s 90 of the Act, property must be co-related with suit property - Since dimensions shown in sale deed did not correspond to dimensions of site plan adduced by plaintiffs, no presumption can be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 102-- Onus to prove - Sale deed - Execution - Sale deed was tendered in rebuttal evidence - Onus therefore was heavily upon plaintiffs to prove their case, viz.-a-viz. dimensions, length and breadth and other material particulars of property involved in sale deed...........
KERALA HIGH COURT
Year of decision: 2018
Details
Registration Act, 1908, Section 32A-- Registration of cancellation of sale deed - Sub-Registrar is legally obliged to reject and refuse to register a deed of cancellation of a sale unilaterally executed without the knowledge and consent of the other parties to the sale deed and without complying with S.32A of the Registration Act,..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34-- Rejection of plaint - Suit for declaration and permanent injunction that sale deed executed by defendant Nos.1 to 6 in favour of defendant No.7 is not binding on plaintiff and restraining defendants from alienating or encumbering or creating third party rights - Plaintiff in possession on the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Sale deed executed in pursuance thereof - Sale deed cannot be set aside only on the ground that there is some suspicion in the execution of agreement to sell - Once sale deed is executed, agreement to sell pales into insignificance - However, in a particular case where unimpeachable evidence..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(ivA)-- Court fees - Suit for cancellation of sale deed and for permanent injunction - Alternative pleas taken by plaintiff which are not based only on denial of execution of document - Plaintiffs therefore, are liable to pay Court fee u/s 7(iv-A)(1) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b)-- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Fraud - Failure to prove - Sale cannot be set aside only on the basis of contradiction in the manner and time of payment of sale consideration...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Agreement to sell-- Execution of - Existence of agreement doubtful - Plaintiffs not in possession of agreement to sell when they visited office of Sub-Registrar to execute sale deed in pursuance to the agreement to sell - More so, they never pleaded in plaint that said agreement is lost - Rather loss of agreement to..........

Showing : 51-60 of 1643 Results