Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Indian Penal Code, 1860, Section 501, 502 -- Defamation - Publication of news item - Acts of printing or selling or offering to sell need not only be physical acts but include the legal right to sell i.e to transfer the title in goods/the newspaper...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - No document on record with regard to title of plaintiff over suit property - Suit property purchased by brother of plaintiff and he did not authorize plaintiff to file civil suit - Plaintiff failed to establish nature of possession - Concurrent findings of Courts that defendant not demolished windows as..........
Registration Act, 1908, Section 34, 35, 69 -- Annulment of sale deed - Registering Officer is not required to evaluate title or irregularity in documents, particularly in absence of any express provision in the Act or Rules - Examination to be conducted by Registering Officer is only to ascertain that there is no violation of provisions of Registration Act - Registration..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge of plaintiffs they cannot..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Inspection of property after auction - Not permissible particularly, when notice of auction by Court U.O.21.R.66 CPC, does not prescribe any condition for highest bidder being entitled to inspection of documents of title of property auctioned - S.55 of T.P. Act not attracted to auction which only invited..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Application for supply of necessary documents and extension of time to pay remainder 3/4th bid amount - Auction purchaser required certain documents regarding auction for taking loan amount for payment of remainder bid amount - Photocopy of document of title supplied to auction purchaser by trial Court - Yet..........
Kerala Stamp Act, 1959, Article 15 -- Instrument - or deed cancelling a registered document `relating to deposit of title deeds' falls under Art.15 of schedule to the Act...........
Kerala Stamp Act, 1959, Article 47 -- Reconveyance of mortgaged property - Transfer of title and possession - It amounts to release and not reconveyance - Deed sought to be registered relates to release of documents deposited and not reconvey of any property...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Suit for declaration of title - Sanctioned plan to locate the plaint scheduled property in custody of defendant is sought by way of application U.O.11.R.14 CPC - Description of plan reflected in furtherance of plaintiff's suit claim - Once such is the case, it is just in directing the party in..........
