Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir - No objection certificate appended..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........
Agreement to sell -- Suit for specific performance - Plea of estoppel - Estoppel by conduct could not arise when a person concerned knew the right position relating to the title in property in his possession and he could not plead that he was induced to hold an erroneous belief because of the conduct of real owner of that property...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in the matter were certainly required to be considered, on merits - High Court committed error in rejecting plaint on the ground of limitation - Order of High Court set aside - Suit restored...........
Stamp Act, 1899, Section 35 -- Impounding of documents - Refund of stamp duty - Suit for specific performance - Where the parties to the proceedings have consented to obtain a consent decree of specific performance pursuant to which deed of conveyance was executed and full stamp duty was paid by one party and no objection was raised by other party at any stage in reference..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect of the matter - However,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Debt not to be proved as in a civil suit - Dishonour of cheque carries a statutory presumption of consideration - Holder of cheque in due course is required to prove that cheque was issued by accused and it was dishonoured when presented - Since there is statutory presumption of..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Civil Procedure Code, 1908, Section 9 - - Jurisdiction of civil Court - Suit for damages - Civil Court jurisdiction is not barred to entertain suit for damages in the light of Tamil Nadu Property Act, as Act does not oust jurisdiction of civil Court either expressly or by necessary implication.
(7) An exclusion of the jurisdiction of the civil court is not readily to..........
