CIVIL
[P&H] CPC S. 100 – Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their application for condonation of delay by filing a revision petition when they have a remedy of filing a second appeal against the decree sheet drawn up
CPC S. 100 - Once a decree sheet has been prepared, the defendant-petitioners cannot merely challenge the order dismissing their...
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Power of Attorney – Power of sale vested – Sale-deed executed – Is valid – Passing of sale consideration to the power of attorney holder and whether the money has passed to the real owner or not, same is between real owner and the attorney and as such sale transaction cannot be held to be invalid.
Mr. Avnish Mittal, for the appellant. Mr. Puneet Bali, Senior Advocate with Mr. Shivam Sharma and Mr. Vishwajeet Singh, for...
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CPC O. 9 R. 13 – Ex parte judgment – Set aside with costs of Rs 1.5 lacs.
CPC Order IX Rule 13 - Respondents instituted civil suit of 2004 for specific performance of the contract on the...
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CPC S. 151 , CPC O.18 R.17 – Additional evidence – When the documents sought to be produced in additional evidence goes to the root of the matter, the Court should have been more pragmatic and magnanimous particularly when the dispute is with regard to the public property.
Vijay Sharma, for the petitioner CPC S. 151 , CPC O. 18 R. 17 - Under Section 151 CPC, the...
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Suit for Declaration – A non-party to the document is not required to seek annulment thereof – No ad valorem court fee is payable
Mr. Jaskamal Singh Grewal, for the petitioner Suit for Declaration – Plaintiff is not seeking possession - The plaintiff...
Read moreExecution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or interest in any part of the suit property. Mere pendency of a regular second appeal does not entitle to become a party in the execution petition which has arisen from an order of to of eviction.
Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or...
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Agreement to Sell – Transaction during the pendency of the suit is not illegal or void ab initio but only voidable at the option of the decree holder
Agreement to Sell – Transaction during the pendency of the suit is not illegal or void ab initio but only...
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Agreement to Sell – Payment of double of the amount of the earnest money – Not paid – Decree of specific performance of the agreement to sell – Upheld.
Agreement to Sell – Clause 3 of the agreement to sell provided that if Seller does not execute the sale...
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CPC O.8 R. 1 – Court below could have permitted to file written statement subject to certain penalty as a deterrent – Provision has been held to be directory in nature – By way of imposition of costs, petitioner shall plant 100 trees of deciduous and perennial in nature,
Civil Procedure Code, 1908 (V of 1908) Order 8, Rule 1 – Provision of Order 8 Rule 1 CPC, ordinarily...
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Land Acquisition – Compensation – Distribution to LRs – Will
Land Acquisition - Compensation – Distribution to LRs. - Compensation assessed by the Collector – Order by a Tribunal apportioning...
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Will – Relevance of deposit of the Wills under the Registration Act has nothing to do with the outcome of the Will in terms of either Section 32/35 of the Evidence Act and at the most can be a relevant fact under the law
Will - Deposited under Section 42 of the Registration Act, 1908 - The relevance of deposit of the Wills under...
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Will – Deposit of Wills under Section 42 of the Registration Act does not in any manner, affects the legality and validity of the Will in dispute and which is subject to comprehensive adjudication by the Civil Court and not by such summary proceedings before a Tribunal.
Mr. Akshay Kumar Goel, for the petitioner. Mr. Chetan Bansal, for the respondents. Will - Will deposited in the office...
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Court Fees Act S. 7(i) , 7(iv) – Valuation in money suits
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) - Valuation in money suits - The valuation for...
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Court Fees Act S. 7(i) , 7(iv) – Money suit for compensation and damages – Ad valorem Court-fees would be payable on the amount of the damages claimed
Court Fees Act, 1870 (7 of 1870) Section 7(i) , 7(iv) - Money suit for compensation and damages - In...
Read moreCPC O 6 R. 17 – By the amendment, a somersault is sought to be taken – Dismissed.
CPC O 6 R. 17 – By the amendment, a somersault is sought to be taken - In WS filed,...
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