State Financial Corporation Act, 1951, Section 29 -- Recovery of debt - Auction of property - State Govt. did not formulate Rules or guidelines for sale by property by way of tender or auction - Supreme Court laid down guidelines and State Financial Corporation directed to adhere to these guidelines till formation of Rules or guidelines by State Govt...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Correction in the date of sale deed - Sought at the stage of arguments - Suit for possession - Sale deed alleged to be the result of fraud - Plea by defendant in written statement that correct date of sale is not mentioned - Plaintiff kept mum for more than 6 years - It is a case of sheer negligence on..........
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...........
