Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
Mohammedan Law -- Inheritance - Deceased expired issueless and defendants 1 to 4 were sons of brothers of deceased - Therefore, they fall within ambit of residuary as defined u/s 65 of Mohammedan Law as per Category III descendants of a father and fall within Clause IX i.e Full Brother's son - Since the defendants are residuary as defined u/s 65 of Mohammedan Law and..........
Evidence Act, 1872, Section 115 -- Estoppel - Doctrine of election - Person cannot be allowed to make a judicial or a quasi judicial forum to act upon a document in order to get a favourable order and thereafter disown the document and continue to deal with property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed without receiving any consideration - An agreement made without consideration cannot be held as void, if it is registered under Law or it does not mention about unpaid..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Once a usufructuary mortgage is created, mortgagor has a right to redeem the mortgage at any point of time, as once a mortgage always a mortgage...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 2, 3 of the Act of 1986 - Quashing of proceedings - Main accused was a gang leader and who was mastermind and he hatched criminal conspiracy along with co-accused including present accused to commit murder of deceased for a..........
Utilization of land -- Non-payment of compensation - Land is utilized for road to be owned by Panchayat/Municipality - Admittedly, there is neither any acquisition proceedings nor any transfer of rights by landowners by way of sale, gift or otherwise - Defence of Panchayat is that it was a voluntarily surrender of rights for no consideration - However, no document or..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Local Commissioner - Injunction suit - During pendency of enquiry in an application U.O.39.Rr.1,2 CPC, Court appointed Local Commissioner with a purpose to assist Court in elucidating the matter in dispute with a direction not to mention as to who is in possession over which..........
