CIVIL
Indigent person [PLRonline]
Concept of an indigent person :- "16. The concept of indigent person has been discussed in Corpus Juris Secundum (20...
Read moreLegal support – A refusal by a lawyer or two in not taking the case of the petitioner does not mean that the petitioner cannot avail of professional services
“For the above circumstances, I gather an impression that the petitioner is extremely suspicious by nature. He has no faith...
Read moreSpecific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]
It is permissible for them to execute one more document to annul or cancel the earlier deed. Only if an...
Read moreRegistered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]
Law provides for the cancellation of such instruments which are also non est, but which are in existence as a...
Read more[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]
CPC S. 100 - High Court cannot substitute its own opinion for that of the first appellate Court, unless it...
Read more[SC] Sale Deed – Cancellation – Only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned. [PLRonline]
it is only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered...
Read moreCPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]
Order VII Rule 10(2) of CPC - Considering Order VII Rule 10(2) of CPC, it is incumbent on the judge...
Read more[SC] Tender – Letter of Intent – Is merely an expression of intention to enter into a contract – It does not create any right in favour of the party to whom it is issued. [PLRonline]
Tender - Letter of Intent - Is merely an expression of intention to enter into a contract - It does...
Read moreShamilat deh (common land) in the State of Punjab, including State of Haryana – Even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought. [PLRonline]
After whole or part of the Panchayat area comes within the Municipal limits and the Panchayat ceases to exist, the...
Read morePunjab Village Common Lands (Regulation) Act 1961 S. 4(1)(a) – Land which is recorded as ‘Shamlat Deh’ in the revenue record, is ‘Shamlat Deh’ within the meaning of Section 2(g) of the 1961 Act and is to vest in the Gram Panchayat in terms of section 4(i)(a). [PLRonline]
land which is recorded as 'Shamlat Deh' in the revenue record, is 'Shamlat Deh' within the meaning of Section 2(g)...
Read moreCPC O. 12 R. 6 – Admission has to be unequivocal and unqualified and the admission in the written statement should also be taken as a whole and not in part.
R.K. Markan vs. Rajiv Kumar Markan, 2003 AIHC 632 (633) Delhi, wherein it was observed as under :-“For passing a...
Read moreCPC O. 12 R. 6 – Unless the admission is clear, unambiguous and unconditional, the discretion of the Court should not be exercised. [SC]
“10. It is true that a judgment can be given on an admission contained in the minutes of a meeting....
Read moreCivil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 – Property – Dispute with regard to identity of the property – Status quo – It would be appropriate for the parties to maintain status quo with regard to their possession. [PLRonline 417502]
Civil Procedure Code, 1908 (V of 1908) Order 39 Rule 1 and 2 - Property - Dispute with regard to...
Read moreCPC O. 6 R. 17 read with O. 1 R. 10 – Application seeking impleadment of subsequent purchaser, as well as incorporating the necessary averments in the plaint – May not be a necessary party but cannot be said that the presence of the purchaser in the suit proceedings would be improper also. (PLRonline ID 46513)
Suit property, the subject matter of the agreement to sell has been transferred in favour of a third party -...
Read moreProprietorship – Proprietory concern – A proprietory concern and the proprietor are one and the same and that they cannot be treated as separate juristic entities – The proprietary concern derives its identity and individuality from the proprietor and subsumes itself in the proprietor – Segregation of the two is incomprehensible in law. [PLRonline ID 40614]
Haryana Real Estate Regulation and Development Rules, 2017 Rule 9, 10 - Registration of Real Estate Agents - Registration Fee...
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