Showing : 51-60 of 153 Results

PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of subsequent purchaser as a party in a suit for specific performance - Subsequent transferee is a necessary party as the question whether subsequent transferee purchased the property for value and paid the money in good faith and without notice of the original contract is to be..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 152, 153-- Compromise petition - Clerical error - Correction - Power of Court - Held, power u/ss 152 and 153 of CPC would also extend to correction of clerical error in compromise petition even at instance of one party, if identity of suit property is not in dispute and does not at all substitute subject..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Declaration suit - Alienations made by two co-sharers of their shares in favour of plaintiffs were not valid - Absence of necessary pleading regarding specification of inherited shares of plaintiffs in suit land - Held, it is difficult to grant decree in favour of plaintiffs with regard to only..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Sale deeds - Not bona fide - Proof - Total area of plot 4 katha 11 dhur - One of the descendants of a co-sharer who had only 1/3rd share in that plot sold entire 4 katha 10 dhur - Held, there appears to be no perversity in concurrent findings of both courts below discarding..........
PATNA HIGH COURT
Year of decision: 2012
Details
Bihar Land Reforms Act, 1950, Section 5-- Fixation of fair rent - Application for - No averment in plaint that plaintiffs were ex-landlord or intermediaries - No mention in plaint that defendant 1st set has been granted permanent lease by plaintiffs in suit premises - Specific case of plaintiffs that defendant 1st set is their tenant on..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- A person, even though not a party to the suit, can invoke the inherent jurisdiction of the Court seeking recall of the order recording a compromise decree obtained by the parties to the suit collusively and fraudulently vitally affecting the rights of the said person...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Compromise decree - Fraud - Inherent powers of Court - Parties colluded with each other in keeping out applicants from suit and suppressing the fact of his share in suit property and obtained compromise decree by making the Court to believe that all share holders in suit property had settled..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 9, 151, 10, 2(d)-- Bihar Buildings(Lease, Rent and Eviction) Control Act, 1983, Inherent powers - Exercise of - Withdrawal of amenities (electric supply) enjoyed by tenant over suit property by landlord during pendency of suit - Jurisdiction of civil court to restore such amenities - Held, jurisdiction of civil..........
PATNA HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 16(c)-- Agreement to sell - Specific performance - Readiness and willingness - Plaintiff specifically pleaded in the plaint in terms of the requirement as provided under Section 16(c) of the Specific Relief Act that he was and is still ready and willing to pay the balance consideration amount and get the..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 17, Rule 2, 3-- Non-examination of material witnesses - Application of O.17.Rr.2, 3 - Only formal witnesses have been examined as no material witnesses could be examined by plaintiff and on date fixed further witnesses could not be produced for examination - Suit was dismissed U.O.17.Rr.3 of the Code after..........

Showing : 51-60 of 153 Results