Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred by S.257 of Chhattisgarh Land Revenue Code - Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of authorities - Civil suit for declaration of title is not barred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Evidence Act, 1872, Section 92 -- Suit for declaration that sale deed is sham and void - It is open to party to contend that document executed by him purporting to be a sale deed is only a fictitious or nominal transaction and that it was never intended to be acted upon and that transaction between parties was entirely different one...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - During pendency of suit defendant sold the suit property by way of sale deed in favour of her husband - Amendment sought to add prayer for declaration that said sale deed is sham and nominal - Application for impleading husband of defendant as party to suit already allowed - Amendment if..........
Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Conveyance executed by vendor in favour of defendant No.2 - Plaintiff filed suit for specific performance alleging sale in favour of defendant No.2 as sham and bogus and that he was always ready and willing to comply with his obligations under the suit agreement - High Court decreeing plaintiff's..........
Hindu Law -- Coparcenary property - Alienation by father for family necessity - Sale deed acted upon by vendees by mutation of names in Municipal records - Taxes paid - Building constructed - Sale deed cannot be treated as sham, nominal or collusive document...........
Evidence Act, 1872, Section 68 -- Proviso - Attachment deed as sham and nominal transaction - Not a specific denial of execution...........
Deed -- Nominal, sham and benami documents - Distinction - In benami transaction title vests in transferee while in nominal and sham (transaction, title continues with transferor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Whether acted upon - Son transferred property to mother with absolute rights for maintenance -Probabilities of case showing that mother executed gift deeds nominally in favour of daughter and son-in-law to avoid a money decree - Donees not produced the original gift deed - Possession of property not delivered..........
Evidence Act, 1872, Section 92 -- `Want or failure of consideration' - Oral evidence is permissible to prove want or failure of consideration to invalidate any document or to establish that consideration was really different from consideration recited in the document or to show the sham or nominal nature of the transaction...........
