Showing : 1-10 of 522 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee - Assignment of rights - Suit for specific performance by subsequent vendee against vendor and vendee - Use of term `name proposed by vendee' in agreement in between vendor and vendee refers to a nominee to be proposed at the time of execution of sale deed and..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96-- Appeal by subsequent purchasers - Maintainability - Decree for specific performance - Purchasers contested the suit and they are essentially aggrieved by judgment and decree, thus they can assail the same in first appeal - Merely because vendors not filed any appeal or cross-objection to appeal..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 45-- Expert opinion - Disputed signatures - Comparison of signatures with signatures which were subsequent to the filing of suit except one signature on a written statement in a prior suit - Not a valid basis of comparison - It casts a serious doubt on the reliability of entire report - Report..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Sale pendente lite during pendency of suit for specific performance - Sale is hit by S.52 of the Act - Such sale transactions in favour of subsequent purchasers shall have no adverse effect on rights of plaintiffs and shall remain subject to final outcome of suit in question...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Cause of action as alleged in subsequent suit for possession and in earlier suit for permanent injunction not same - There is nothing to show that in earlier suit plaintiffs intentionally relinquished any portion of their claim for reasons that suit was only for injunction..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Easements Act, 1882, Section 41-- Extinction on termination of necessity - Right of use of passage - Defendants have been granted right of use of passage in sale deed - It is not easement of necessity being claimed by defendants - It is right granted to defendant No.2 in sale deed - Rights of parties have to be adjudicated upon as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Validity - Suit for specific performance - Plaintiff and defendant are closely related to each other - No payment was made by plaintiff at the time of execution of agreement to sell to defendant - Agreement was prepared later in point of time in order to cause loss to subsequent purchasers as..........

Showing : 1-10 of 522 Results