Civil Procedure Code, 1908, Section 92 -- Revocation of leave granted - Suit filed u/s 92 with allegation that land of the trust or society is being sold detrimental to the interest of society - Leave granted - Application for revocation - School performing duties of a public trust & of charitable nature - Correctness of allegations matter of evidence - Courts can return..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - If after acceptance of gift, donor wants to revoke the same then donor has to institute a suit for the same...........
Registration Act, 1908, Section 17(1)(b) -- Award - When compulsory registered - Property gifted to daughters - Gift deed revoked and property resumed - Rs. 10, 000/- each given in lieu of property gifted - Dispute between sons and daughters regarding said properties - Arbitrator appointed by mutual consent - Arbitrator recorded finding on the basis of gift deed,..........
Succession Act, 1925, Section 263 -- Probate - Revocation - Revocation of grant of probate can be made when it is found that it was done without citing parties who ought to have been cited - Citation has to be issued unless the party or parties who has acquiesced and/or waived by necessary act and conduct and stood by to see that probate was being granted - Citation issued..........
Specific Relief Act, 1963, Section 39, Easement Act, 1882, Section 60(b) -- Licence - Revocation - Suit for mandatory injunction - Immediately after termination or revocation of licence, a licensee does not become a trespasser - Suit for mandatory injunction is maintainable if suit is filed within a reasonable time - In case suit is not filed with promptitude then in that..........
Will -- Execution of a later Will by the same testator amounts to revocation of the earlier one...........
Arms Act, 1959, Section 17(3) -- Arms licence - Revocation - There must be some kind of enquiry after notice to revoke licence - Order revoking arms licence without issuing notice, quashed...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Stay of subsequently filed suit - Order passed by trial Court without revocation of stay order - Case remanded for retrial to the Court - Order erroneous - However appellate Court came to conclusion that remand of suit would be an exercise in futility in fact of case - Merely because there was some illegality while deciding..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings of subsequently filed suit - Proceeding with hearing of case without revocation of stay order - Validity - Cross suit filed by parties regarding validity of Wills executed by deceased - Later suit by plaintiff trust filed stayed under S.10 - Date fixed for evidence in earlier suit - Advocate plead no instruction..........
Civil Procedure Code, 1908, Section 115 -- Revocation of succession certificate - Order in appeal against under S.384 - Right of second appeal - Not Available to opposite party being not in conformity with Law (as amended by C.P.C. Amendment Act (1999) - Succession Act (39 of 1925), S.384)...........