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ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Factors to be considered - Held, when an application for impleadment of a party is filed, all that Court needs to consider is, whether applicant has made out a prima facie case on his interest in the subject matter of the dispute and whether his presence is necessary for proper and effectual..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 34, 37, 38 -- Declaration and possession - Boundaries given in sale deed not correct - It is not permissible to lay a claim seeking relief of title and recovery of possession on the basis of such sale deed without seeking relief of rectification of boundaries...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Grant of - Factors to be considered - Held, in a suit for injunction it is essential for plaintiff to prove his possession over suit schedule property as on date of filing of suit - Plaintiff is not required to prove title - Scrutiny of title in such a suit is only to see whether plaintiff holds a semblance of..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Rent and Eviction -- When there is serious dispute with regard to title, Rent Controller looses his jurisdiction...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Rent and Eviction -- Denial of title of landlord or tenant asserting title to the property - Burden lies on landlord to show that he has prima facie title to the property - Though no detailed examination is required but only for the purpose of determining whether the denial of the title by tenant is bonafide or not, landlord has to let in some satisfactory evidence to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Agreement to sell - Suit for specific performance - Impleading of a party - Proposed party having no fair semblance of title to come on record - Application dismissed - Order upheld...........

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 rights over the same property...........

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 convert the suit for..........

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 been issued by..........

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...........

Showing : 51-60 of 174 Results