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Showing : 41-50 of 4991 Results

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Stamp Act, 1899, Section 47(c)(1), (5) -- Stamp duty - Refund - Where stamp duty is paid bonafidely by appellant for registration but fraud was played on her by vendor - Conveyance deed was not lodged for registration and applied online for refund of stamp duty - Evidence is not required to be filed along with application either online application or separately on the same..........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........

SUPREME COURT OF INDIA

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Sale of property - Only such portion of property as would satisfy decree is to be sold and not the entire property - Court's power to auction any property or part thereof is not just a discretion but an obligation imposed on the Court and the sale held without examining this aspect and not in conformity with this..........

ORISSA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross appeal - Decree for permanent alimony - Wife filed execution petition against decree for permanent alimony instead of filing appeal - After obtaining execution, wife cannot prosecute a grievance simply because husband had preferred appeal - Where wife had exercised her choice of remedy to be enforcement of direction..........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and permanent injunction - Plaintiff deliberately did not pray for cancellation of sale deed since the limitation for filing a suit for cancellation of sale deed is 3 years, whereas, suit has been instituted after about 9 years from the date of execution of sale deed - Suit filed by plaintiff is nothing..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2024
Details

Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objections - Petitioner did not abide by compromise decree and has not performed his part of obligation therein though he himself received benefits under said decree from DH - Objection of petitioners against execution petition were nothing but a challenge to compromise decree - Executing Court could..........

DELHI HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........

TELANGANA HIGH COURT

Year of decision: 2024
Details

Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Evidence Act, 1872, Section 114(g) -- Illegal gratification - Demand and acceptance - Adverse inference - Reason for demand of bribe is execution of eight works by PW1 - Details of works were available according to PW1 - However, such proof was not produced - Adverse inference has to be drawn against..........

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........

Showing : 41-50 of 4991 Results