Civil Procedure Code, 1908, Section 10, 151 -- Stay of suit - Plaintiff filed suit of eviction by claiming title through a sale deed - Defendant after institution of present suit filed a suit for declaration that sale deed was void - Court of Small Causes is a Court of limited jurisdiction and its judgment and decree based on landlord tenant relationship is always subject..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Non-reflection of plaintiffs acceptance of offer made by defendant in sale agreement cannot serve as ground for rejection of plaint, particularly when prima facie there was acceptance on part of plaintiff to maintain the suit - Moreover, whether there is acceptance of..........
Karnataka Land Revenue Act, 1964, Section 67 -- Acquisition of `Beaulieu' estate by State - Jurisdiction u/s.67 of the Act - Issuance of notice - Evidence on record shows that land was bought for the benefit of First Princess from her personal funds - State claiming said sale to be a fraudulent transfer almost after 100 years - Dispute of title between State and individual..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Cannot be granted after sale deed came to be executed, as there is no power conferred to set aside or rescind the document of conveyance in S.28 of the Act...........
Debt Recovery Appellate Tribunal (Procedure) Rules, 1994, Rule 22 -- Auction sale - Setting aside - Mortgage property - Sale was confirmed and sale certificate was issued in favour of auction purchaser - Merely because property in question was sole item of property owned by borrower/respondent no.2, is no ground to set aside sale deed, particularly, when auction purchaser..........
Indian Contract Act, 1872, Section 14, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Sale deed - Registered - Sale deed alleged to be executed without free consent - Sale deed is voidable at the option of executant - To set aside the sale deed, a suit has to be filed - Sale deed cannot be cancelled by executing a cancellation deed - Sale..........
Agreement to sell -- Specific performance - Ready and willing - It is not necessary for a purchaser to keep the balance sale consideration either in cash or in bank account - It is sufficient, if it is proved that purchaser is capable to raise the balance sale consideration when time for performance of agreement of sale arrives...........
Agreement to sell -- Specific performance - Fact of deposit of title deed in bank not disclosed in agreement - Even after receiving considerable sale consideration defendant has not cleared the dues with the bank - On the contrary, defendant entered into an agreement for sale with another person - Thus defendant was not ready with the original title deed and property is..........
Liquor vends on highways -- Prohibition of liquor vends on National and State Highways - Modification of some of directions issued in its earlier judgment reported as 2017(1) Apex Court Judgments 327 (S.C.) viz. (i) In case of areas comprised in local bodies with a population of 20,000 people or less, distance of 500 meters shall stand reduced to 220 meters (this paragraph..........
Limitation Act, 1963, Section 17 -- Fraud - S.17 of the Act comes into play when fraud played by decree holders came to the notice of aggrieved persons in the publication and conduct of Court sale...........
