Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Inadequate consideration - Sale deeds cannot be declared as null and void on the ground that consideration is inadequate or that entire consideration is not paid - Quantum of consideration depends upon circumstances in which sale took place - If any part of sale consideration is due, vendor has..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Plea of bona fide purchasers - Since defendant No.1 failed to prove his title through Will in question, then defendant Nos.2 & 3 are bound to fail to prove their case of bona fide purchasers without notice and for valuable consideration - Moreover, defendant Nos.2 & 3..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Maintainability - Limitation - Suit filed within three years from the date of knowledge of Will in question held within limitation - Suit held maintainable...........
Family Courts Act, 1984, Section 7, 8, 20, Protection of Women From Domestic Violence Act, 2005, Section 21 -- Jurisdiction - Visitation rights to meet the minor child - Exclusive jurisdiction has been conferred upon Family court with reference to S.7 of F.C.Act in relation to guardianship of a person or custody of or access to any minor - Family Court established at..........
Court Fees Act, 1870, Section 7(iv)(c), Article 17(iii) - - Suit for declaration that sale deed is null and void - When non executant seeks declaration then is required to pay fixed court fee - If executant of sale deeds seeks cancellation of sale deed then he is required to pay ad valorem court fee...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 - - Fraud - Legal malice - Consolidation officer accepted statement of withdrawal of objection made on behalf of appellant without verifying correctness of same and without examining rights of parties with reference to documents in relation to suit property - No reasons given in impugned order why objection was..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Security Interest Enforcement Rules, 2002, Rule 8(5), 8(6), 9(2) - - Sale of secured assets - No terms settled in writing between parties that sale can be effected by private treaty - Borrowers not even called to joint meeting - Sale effected without complying..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Security Interest Enforcement Rules, 2002, Rule 8(5), 8(6), 9(2) - - Sale of secured assets - Single judge of High Court after holding that sale in question was invalid directed making of payments by respondent Nos.1 and 2 to respondent No.3 bank with clear..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit seeking declaration that sale deed and unregistered power of attorney is null and void - Rejection of plaint sought on the ground that earlier suit filed by plaintiff seeking declaration of his Khatedari rights was dismissed by Revenue Court and therefore suit of plaintiff seeking similar relief is..........
Contract Act, 1872, Section 14, 15, 16, 17, 18, 19, 20, Arbitration and Conciliation Act, 1996, Section 44 -- Reference to arbitration - Issue of concluded contract - Held, Court can decline to make a reference to arbitration in case it finds that arbitration agreement is null and void, inoperative or incapable of being performed - Since there are no pleadings to that..........
