Showing : 1-10 of 860 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Further agreement to sell by vendee in favour of subsequent vendee - Assignment of rights - Contingent contract - Further agreements are clearly contingent contracts inasmuch as they could only be enforced had vendee obtained right to get sale deed executed and taken possession of suit property as..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party in a suit for possession u/s 6 Specific Relief Act - Applicant not in possession of suit property - Applicant neither necessary nor proper party - Applicant cannot be impleaded as a party merely for the reason that she happens to be daughter of deceased defendant...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell -- Suit for specific performance - Plea of estoppel - Estoppel by conduct could not arise when a person concerned knew the right position relating to the title in property in his possession and he could not plead that he was induced to hold an erroneous belief because of the conduct of real owner of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 21, Rule 35-- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Public property - Possession of public property by any individual or group of individuals is no possession in the eyes of law and such group of persons cannot claim any right over such public property - Entry of plaintiff in suit property is by way of illegal means -..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Limitation Act, 1963, Article 59-- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent injunction - Plaintiffs were in possession of suit property pursuant to agreement for sale - Defendant failed to oppose the possession of plaintiff or proved better title than one possessed by plaintiff - Suit held, rightly decreed by Court below...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 6-- Dispossession - Suit for recovery of possession - Plaintiff was having settled possession after having purchased plot in question and had also constructed house as well as wall for which necessary documents produced on record - Settled possession is thus, clearly made out which means that..........

Showing : 1-10 of 860 Results