Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Rejection of - Plaintiff has prayed for incorporation of one fact that he is already in possession of disputed property and the instant suit filed for possession may be treated as suit for specific performance of agreement for sale - Trial already commenced before amendment - Amendment sought by..........
Partnership Act, 1932, Section 19, 22 -- Partnership firm - Partnership property - Two of the partners out of 15-16 partners entering into oral agreement to sell - Not ratified by other partners - Sale of immovable property belonging to partnership firm not a business of the firm - That being so, it cannot be said that two partners dealing with purchaser for sale of firms..........
Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997, Article 254 -- Pre-Constitution of India - Constitution validity of Act - Non-banking financial companies duping thousands of innocent and gullible depositors of their hard earned money by promising high rates of interest on these deposits and then often disappearing - Impugned Act..........
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds - Held, simple partition suit not maintainable - Unless such..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Seeking exhibit number for sale deed - In title Suit original defendants were claiming share in land by virtue of sale deed - Whenever any document is presented before the trial Court and especially when it is an original one and also when it is referred with affidavit, exhibit number ought to have been..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction petition u/s 13-A of the Act - Purchase of property a day earlier to retirement - Plea of tenant that if a tenant is not inducted by the person filing the petition or it is not proved that he ever received rent from him, then there was no relationship of landlord and tenant between the parties and..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 34, Rule 4, 6 -- Money suit decreed - Attachment of mortgaged property - Application U.O.21.R.58 for lifting attachment - Decree for recovery of money passed as against the person and properties with a charge on attached property of judgment debtor - It is not a decree for sale of mortgaged..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Sale deed - Challenged as null and void - Plaintiff when not a party to the sale deed and also not seeking possession, is not required to pay ad-valorem court fee but where the plaintiff is seeking cancellation of sale deed along with consequential relief of possession, he is required to pay ad-valorem court fee...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Flat allotment - Cancellation of flat of allottee as she was a defaulter and failed to get the sale deed executed within the stipulated time - Construction company cannot be held guilty of deficiency in service on its part - Since it had been within its right cancelled the allotment order in favour of complainant..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Additional evidence - Sale deed sought to be produced as additional evidence by appellant in second appeal - Application does not disclose cogent reason as to why said document was not placed on record in time and when plaintiff-appellant came to know about it - No date has been given about knowledge of said..........
