Showing : 51-60 of 164 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 89-- Execution - Auction sale - Setting aside - Provision does not insist that a person must hold valid title to maintain an application under it - Any person having an interest in the property can get the sale set aside - `Interest' means as to whether there exists any person, who is also claiming..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleading of a party - Suit for specific performance - Applicant seeking impleadment on the ground that he is the owner and in possession of suit land - Applicant thus claiming independent title and possession adverse to the title of the vendor - Permitting him to come on record as a party will..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Town Survey Land Record-- Not a record of rights - Entries in TSLR, though relevant, are not conclusive proof of title - TSLR cannot be regarded as a sole guiding factor...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Applicability - Held, for application of principles of res judicata what is essential is the determination of rights of parties and rival contentions based on pleadings - It is identity of title in litigation that has to be taken into consideration and some times identity of actual..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 34-- Declaration of title - Suit for - Limitation - Held, u/Art. 65 of Limitation Act, suit for declaration of title can be filed when there is a cloud over title and limitation is 12 years...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Dismissal of earlier suit with a direction to sue for declaration of a title - Itself creates a fresh cause of action for institution of the suit for declaration...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Adverse possession-- Possession pursuant to contract of sale - Such person cannot ask for declaration of his title even on the ground that he remained in possession of the property for more than 12 years period and contending that his possession is adverse to the real owner - Possession of such person cannot be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Entitlement - Highly reliable and convincing evidence adduced by plaintiffs in proof of their title in respect of schedule mentioned site - Defendant had admitted specifically in his evidence that property belonging to him is different - Held, law is well settled that if..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Suit for permanent injunction - Second appeal - First appellate Court did not assign any reasons and reversed judgment and decree passed by trial Court on mere ground that plaintiff has not asked relief of declaration of title in respect of entire land and thus he is not entitled for a decree of..........

Showing : 51-60 of 164 Results