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Showing : 81-90 of 17912 Results

RAJASTHAN HIGH COURT

Year of decision: 2024
Details

Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - When parties approach a Court seeking formal recognition of their divorce through Mubarrat, Court's primary role is to verify the mutuality and voluntariness of agreement - Upon satisfaction, Court is obligated to endorse the dissolution and declare the marital..........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........

MADRAS HIGH COURT

Year of decision: 2024
Details

Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on pronote - Recovery suit - Defendant in her written statement categorically admitted that her signature was obtained on a blank pronote as security for the amount borrowed by her husband - There is thus, no purpose for sending pronote to expert for comparison of signatures - Application rightly..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Section 30, Order 26, Rule 9 -- Appointment of advocate commissioner - In a suit for injunction, facts could be gathered at the ground level by civil Court by appointment of advocate Commissioner for the purposes mentioned in S.30 CPC and thereafter rights of contesting parties could be gathered - Application allowed...........

ALLAHABAD HIGH COURT

Year of decision: 2024
Details

Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2024
Details

Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2024
Details

Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiffs failed to prove that they are having right and title in the suit property - Since plaintiffs are not entitled to the main relief of declaration of title, they are not entitled to consequential relief of permanent injunction as sought in the plaint - Suit rightly..........

KARNATAKA HIGH COURT

Year of decision: 2024
Details

Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Defendant granted several opportunities but he did not cross-examine PW1 - Though defendant was negligent in not defending suit, yet an opportunity has to be granted to defendant by placing him on terms - Application allowed subject to payment of costs of Rs.10,000 payable to plaintiff...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2024
Details

Partition -- Preliminary decree - Modification - Father of parties died intestate pending appeal - Share of father has to be allotted to LRs on record - Suit properties divided into six equal shares and plaintiff is entitled to one such share in it...........

Showing : 81-90 of 17912 Results