Showing : 11-20 of 521 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A)-- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A) Registration..........
PATNA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Matter in issue in subsequent title suit is also directly and substantially the issue in earlier title suit between same parties or between the parties under whom they or any of them claim litigating under the same title - S.10 CPC is thus, applicable to proceedings of..........
JHARKHAND HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Previous suit is a declaratory suit while subsequent suit is of recovery of possession - No such issue has been framed with previous suit regarding recovery of possession since there was no prayer to that effect in previous suit - Relief in both the suits are not..........
UTTARAKHAND HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Subsequent sale - Suit can be instituted within the period of three years from cause of action arose between parties - Defendant executed sale deed in favour of subsequent purchasers within three years of period of limitation - It was mandatory for defendant to wait..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6(as- - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Conditions must be fulfilled to attract the provision of S.10 CPC, viz. (i) Suit must be between the parties; (ii) Matter in issue in the later suit must be directly and substantially the same as in the previous suit; (iii) On the date of application, both the suits must..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 152-- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of..........

Showing : 11-20 of 521 Results