Showing : 81-90 of 2095 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties,..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Mitakshara Law-- Co-parcenary property - Alienation by Karta - Factum of sale deeds in question executed without any consideration, would itself show that suit property was sold without any legal necessity...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Mitakshara Law-- Co-parcenary property - Alienation by Karta without legal necessity - Suit for declaration by plaintiff - Locus standi - Plaintiff being son of Karta a male coparcener in suit property, was vitally affected by purported sale of suit property by his father - He therefore, had locus to file suit for..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Mitakshara Law-- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Specific performance - Once it is proved that vendor did not perform her part of contract, failure on the part of vendee to demonstrate that he was having sufficient money with him to pay balance sale consideration under agreement to sell by date of his evidence is not much of consequence - Suit..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Ancestral Property-- Release deed executed in the name of wife by husband - Merely because to avoid any further litigation in future and though husband had no share in suit properties, Rs.10,000 was paid and release deed was got executed in favour of wife, by that itself cannot be said that wife treated the suit..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit-- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Decree alleged to be illegal, null and void - Concurrent finding of three courts that decree was collusive - Despite such collusive decree, suit property continued to be in the name of original owner - Plaintiff Nos. 2 to 9 who purchased property from plaintiff No.1 are bona..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that exchange of gifted property was illegal, null and void - Property in question donated to School vide gift deed for the benefit of students of school - Oral exchange of valuable property with u, irrigated inferior quality of banjar land situated in remote corner of..........

Showing : 81-90 of 2095 Results