Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition originally filed by competent person in his own right and on behalf of his minor daughter - Subsequent death of said person did not render eviction petition void or non est - Application U.O.7.R.11 CPC could not succeed merely on the ground that for a limited period minor petitioner was..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - Once it is concluded that initial proceedings were held before a Court which lacked jurisdiction, written statement and other evidence that may have been led by parties before said Court become non-est in the eyes of law and defendants are within their right to file their..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Mere filing of defective affidavit filed in support of application u/s 7 IBC would not render the very application non est and liable to be rejected on that ground as it is neither an incurable nor a fundamental defect...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Criminal trial -- Wrong provision of Law - Mentioning of wrong sub section in charge sheet - Does not render investigation illegal or non est...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Mutation -- Validity - Mutation sanctioned illegally by revenue authorities thereby giving rights to persons who were not entitled as per law, could not be sustained being non-est in the eyes of law...........
Rent and Eviction -- Eviction order against deceased tenant without substitution of his LRs - Order passed against deceased tenant is thus, non-est...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
