Showing : 61-70 of 2095 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even..........
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
Civil Procedure Code, 1908, Order 3, Rule 4-- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Punjab Courts Act, 1918, Section 41- - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 46- - Jurisdiction of civil Court - Civil Court has no jurisdiction to challenge the decision of Competent Authority under the Act in view of bar u/s 46 of the Act - Civil suit held, not maintainable...........
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 a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 5(3)-- Summary suit for recovery - Conditional leave to defend - If Court is satisfied of a plausible or probable defence and which defence is not considered a sham or moonshine, but yet leaving certain doubts in the mind of Court, it may grant conditional leave to defend - There is thus, an element of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 37, Rule 5(3)-- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of..........

Showing : 61-70 of 2095 Results