Suit for specific performance of the contract – Readiness and Willingness – Tenants
Suit for specific performance of the contract - Readiness and Willingness – Handing over of possession of property without tenants...
Specific performance – Readiness and Willingness – Plaintiff was never willing to get the sale deed executed with tenants and/or as it is – No willingness.
Suit for specific performance of the contract - Readiness and Willingness - Trial Court held the issue of readiness in...
Evidence – Judgment – Admissibility of
Evidence Act, S. 32, Evidence Act, S. 32(5), Judgment – Admissibility of - (1) A judgment in rem e.g judgments...
Conflict between provisions of the IPC and the IT Act
The conflict between provisions of the IPC and the IT Act came to the fore. In this case, on November...
non-obstante clause is a legislative device which is usually employed to give overriding effect to certain provision over some contrary provision
It is well-known that a non-obstante clause is a legislative device which is usually employed to give overriding effect to...
Bail – Considerations for grant of anticipatory bail
"92.1... The application seeking anticipatory bail should contain bare essential facts relating to the offence, and why the applicant reasonably...
Doctrine of unreasonableness – Doctrine of proportionality
“The departmental proceeding is a quasi-judicial one. Although the provisions of the evidence act are not applicable in the said...
Registration Act, 1908 Section 17(1A) – Agreement to sell was not required to be registered – TPA S. 53-A
Registration Act, 1908 (16 of 1908) Section 17(1A) (as inserted by Act 48 of 2008) Transfer of Property Act, 1882...
Lien
Joint Fixed Deposit - “either or survivor”- Lien Banking Service - Bank norms - Joint Fixed Deposit Receipt - Was...
CPC S. 64 – comes into operation only if a decree of attachment has been obtained and alienation of the property takes place thereafter.
Transfer of property Act, S. 52 Section 52 puts a bar on alienation of property which is the subject-matter of...
CPC S. 25 – Transfer of case – Age of wife is relevant factor
CPC - S. 25 – Transfer of case – Age of wife is relevant factor to transfer matrimonial proceedings at...
CPC S. 11 – Resjudicata – Interlocutory order
Civil Procedure Code, 1908, Section 11 - Res judicata - Interlocutory order - Application of principle of res judicata. Interlocutory...
CPC S. 11 Resjudicata – Determination of jurisdiction
Civil Procedure Code, 1908 (CPC) - Section 11 - Res judicata - Determination of jurisdiction - Where the court determines...
CPC S. 9 – Consent decree
Consent decree - Appellants were not a party to the proceedings at the stage when the consent order came to...
Statutes – When power is exercised on account of an intent gaining a legitimate goal it can be called colourable exercise of power and the same can be held to have not been exercised bona fide for the end design
When power is exercised on account of an intent gaining a legitimate goal it can be called colourable exercise of...
