CIVIL
CPC O. 7 R. 11 – Revision is not maintainable under Order 7 Rule 11 CPC where there was a claim regarding the joint possession in the family property.
CPC , O. 7 R. 11 - Revision is not maintainable under Order 7 Rule 11 CPC where there was...
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Court Fees Act, 1870 (7 of 1870) Section 6, 7(iv)(c) – Computation of fees payable – There is no prayer for cancellation of the sale deeds
Court Fees Act, 1870 (7 of 1870) Section 6, 7(iv)(c) - Computation of fees payable - There is no prayer...
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Court fees Act, 1870, Section 7(iv)(c) – Ad valorem – A suit for declaration that the sale deeds executed by the plaintiff’s father is null and void and for joint possession is not a suit for cancellation of the sale deeds and Court fees need not be paid on sale consideration
Court fees – Court fees Act, 1870, Section 7(iv)(c) - Ad valorem – A suit for declaration that the sale...
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CPC O. 9, R. 13 – As a consequence of setting aside of the ex parte decree , Defendants cannot be permitted to file their written statement.
CPC , O. 9, R. 13 - As a consequence of setting aside of the ex parte decree , Defendants...
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CPC O. 9 R. 13 – Lack of knowledge
CPC , O. 9, R. 13 - Limitation Act, Section 5, Article 123 - Lack of knowledge is also a...
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Waiver – explained
In State of Punjab v. Davinder Pal Singh Bhullar & Ors.; 2011 (14) SCC 770; the Court explained the doctrine...
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CPC O. 6 R. 17 – Evidence had begun and thereafter amendment application was filed – Without a finding that the party could not have raised the matter before commencement of trial with due diligence, the application for amendment cannot be allowed
Civil Procedure Code 1908 (V of 1908) Order 6 Rule 17 - Evidence had begun and thereafter amendment application was...
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Civil proceeding
“…..The expression “civil proceeding” is not defined in the Constitution, nor in the General Clauses Act. The expression in our...
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Mutation – An entry in revenue records does not confer title on a person whose name appears in record-of-rights.
An entry in revenue records does not confer title on a person whose name appears in record-of-rights. Entries in the...
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CPC O. 39 R.1 – TPA S. 44 – Partition Act S. 4 – Grant of interim mandatory injunction
Civil Procedure Code, 1908 (V of 1908), S. 94, 151, Order 39 , R. 1, 2 — Mandatory injunction -...
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TPA S. 44 – Partition Act S. 4 – Grant of interim mandatory injunction – Special considerations
Transfer of Property Act (IV of 1882), S. 44 - Partition Act (IV of 1893), S. 4 - Grant of...
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CPC O. 39 R. 1, 2 – Mandatory injunction on interlocutory applications – Relief of – Guidelines
Civil Procedure Code, 1908 (V of 1908), S. 94, 151, Order 39 , R. 1, 2 — Mandatory injunction on...
Read moreSpecific Relief Act, 1963 S. 20 – whether it is appropriate to direct specific performance of a contract relating to the transfer of immovable property, especially given the efflux of time and the escalation of prices of property
Specific Relief Act 1963, S. 20 - Remedy for specific performance is an equitable remedy and Section 20 of the...
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Specific Relief Act 1963, S. 20 – Suit for specific performance of a contract regarding the sale of immovable property – Relief – Time factor
Specific Relief Act 1963, S. 20 - Suit for specific performance of a contract regarding the sale of immovable property...
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Specific Relief Act 1963, S. 16 – ‘readiness’ – Burden of proof – Buyer must prove that he is ready and willing to perform the contract
Specific Relief Act 1963, S. 16 - 'readiness' - Burden of proof - First appellate court shifted the burden on...
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