Showing : 41-50 of 2095 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 47-- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way..........
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 an option to repurchase - Plaintiffs mortgage their 2-1/2 acres of agricultural lands for credit purchase of daily necessities - Financial stringency of plaintiffs is apparent from their failure to repay anything even after execution of installment bond -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Financial capacity - Law is certainly not that the purchaser in a suit for specific relief must prove that he was having cash with him from the date of the agreement till the relevant date - What is important is that he had the capacity to allow the deal to go..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Financial capacity - Non-availability of bills relating to gold jewellery to prove ownership - Not fatal in the present case as no serious dispute raised about the family member not making available the gold ornaments or that it was not available to them - Therefore..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Specific performance - Possession delivered as vendee agreed to pay rent at customary rate - Vendee did not pay rent for 13 long years - Vendee did not act in a proper manner - Equity is totally against him - Vendee is not entitled to claim discretionary relief of specific performance of agreement..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Wakf Act, 1954, Section 6-- Wakf property - Suit for declaration - Limitation - Once property after survey is registered in list of wakfs as Wakf-Al-Allah on basis of finding recorded by Survey Commissioner in its report, dispute regarding nature of wakfs registered is open to be examined only within four corners of S.6 of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Wakf Act, 1954, Section 6-- Wakf property - Suit for declaration - Limitation - Suit was preferred beyond period of limitation - Suit held, not maintainable being barred by limitation - Moreover, concurrent finding of fact recorded by all three Courts - No manifest error in finding of fact recorded by Courts below - No..........
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
Agreement to sell -- Suit for specific performance - Readiness and willingness - Temporary arrangement made to have certain funds in the account on relevant date alone cannot be considered as financial source being available to complete transaction when in addition to the said amount, further sum was required...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit for declaration of title and permanent injunction on the basis of Will - Suit dismissed in default - Second suit for permanent injunction on the basis of Will - Held, second suit is barred U.O.9.R.9 CPC...........

Showing : 41-50 of 2095 Results