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Civil – PbHr Civil Trial–General principles as to when a mere suit for permanent injunction shall lie and when it is necessary to file a suit for declaration and/or possession with injunction as a consequential relief :- (A) Where a cloud is raised over plaintiff’s title and he does not have possession, a suit for declaration and possession, with or without a consequential injunction, is thRead More…
Transfer of Property Act–Section 58 (c)–Mortgage by conditional sale–A transaction shall not be deemed to be a mortgage unless condition for reconveyance is contained in document which purports to effect the sale. — Distinction between mortgage by conditional sale and a sale with a condition of repurchase–In a mortgage, debt subsists and a right to redeem remains with debtor, but a sale with Read More…
Agreement to Sell–Agricultural Land–Khasra, Khewat and Khatauni numbers not mentioned in agreement–Plea of defendant that agreement to sell is a fake document, as identity of land not established–Held, property can be identified either by its boundaries or by any other specific description–Even in absence of any site plan, identity of property stands fully established on basis of its boundariRead More…
नई दिल्ली। हिन्दुस्तान टीम Praveen Sat, 13 Oct 2018 07:37 PM सास-ससुर की चल-अचल संपत्ति में बहू का कोई अधिकार नहीं है, भले ही वह पैतृक हो या खुद से अर्जित की हुई। दिल्ली हRead More…
The daughter-in-law cannot claim her right on the property earned by her father-in-law. The High Court said in the judgment that the daughter-in-law cannot claim the property of the mother-in-law by going against her will. The High Court, while dismissing the woman’s appeal against the Panchkula Court’s decision in this regard, said that the husband has the responsibility of the wife, bRead More…
The Supreme Court has observed that the right to pension is covered under a right to property protected under Article 300A of the Constitution of India and it cannot be taken away by a mere executive fiat or administrative instruction. “The right to receive pension has been held to be a right to property protected under Article 300A of the Constitution ” The issue considered by the Apex CouRead More…
SUPREME COURT OF INDIA
J.P. Builders v/s A.R. Rao
2011 (1) SCC 429 : 2011 (3) AWC 2698 : 2011 AIR (SO 230 2011 (2) ARC 716 : 2011 (1) SCC (Civ.) 227
T.P. Act(1882 – Ss. 56 & 81 – Doctrine of Marshaling – Parties entered into contract of sale and purchase of property which was already mortgaged – suit by vendee against vendor and Bank decreed – Held, doctrine of marshaling available to subsequRead More…