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HIMACHAL PRADESH HIGH COURT

Year of decision: 2020
Details

Agreement to sell -- Suit for specific performance - Readiness and willingness - Plea of misrepresentation - Possession received through friend and natural guardian who instituted suit - However, no proof that natural guardian validly constituted power of attorney, hence, no misrepresentation by plaintiff proved on record - Moreover, there is no such unilateral agreement..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - There cannot be an unilateral cancellation of registered sale deeds and that a cancellation deed cancelling a sale deed can be registered only after same is cancelled by a competent civil..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - When cancellation deed or revocation deed unilaterally executed is null and void and that when such transaction is meaningless, it is just and fair to allow writ petition leaving it open to..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Insurance -- Unilateral deletion of terms of insurance policy by insurance company - Action of Insurance company wholly arbitrary and violates fundamental right of policy holder u/art 14 of Constitution...........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Insurance -- Unilateral deletion of terms of insurance policy by insurance company, arbitrary and affects fundamental rights of policy holder u/art 14 of Constitution - High Court thought it fit not to interfere as disputed questions of fact arise and as dispute pertains purely to realm of contract - However, no disputed question of fact raised - Even within the..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence cannot be allowed to be compounded without consent of complainant - It is impermissible to permit compounding merely on unilateral application moved by accused...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Industrial Disputes Act, 1947, Section 9A -- Change in terms of service - Notice of change - Enhancement of superannuation age of employees though temporary in nature, but amounts to privilege to employees, as it is a special right granted to them - Unilateral withdrawal of such privilege amounts to contravention of S.9-A of the Act - Employer was thus, bound to give prior..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Joint tenancy - Unilateral surrender of tenancy rights by one of the joint tenancy holder - Effect on joint tenancy - Substantial question of law raised in memo of appeal - Not examined by High Court - Matter remitted back to High Court for decision afresh - It will be open to High Court to reformulate the..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment without notice to opposite party - Though O.26.R.9 CPC per se does not envisage notice to opposite party, but order containing unilateral direction without notice to opposite party is unusual and contrary to convention and practice - Moreover, Court shall not appoint Commissioner as a matter..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........

Showing : 1-10 of 76 Results