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Showing posts with label property. Show all posts
Showing posts with label property. Show all posts
Wednesday, 6 February 2019

Whether Magistrate can pass residence order in respect of property situated outside state under Domestic violence Act?

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From bare perusal of these relevant sections, it is evident that magistrate has been vested with power to pass appropriate order of residen...
Thursday, 27 December 2018

When a person is not entitled to recover possession of property as per S 6 of specific relief Act?

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 Section 6 of the Specific Relief Act, 1963 provides a special and speedy remedy for particular kind of grievance to replace in possession...

Whether seller is bound to deliver possession of property to purchaser in absence of recital in that regard in agreement of sale?

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 On the other hand, the reliance placed on behalf of the respondent on the judgment of the Madras High Court in the case of Sundara Ramanu...
Wednesday, 26 December 2018

Whether children born out of void marriage can claim share in property of their parents during their life time?

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 Thus, it is now made more than clear that, the children of a void marriage, though regarded as legitimate, such children would not be ...
Tuesday, 6 November 2018

Whether court should grant permanent injunction if plaintiff fails to prove his title on suit property?

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In the present case, although the appellant (plaintiff) has styled the suit as one for permanent and mandatory injunction, he has proceede...
Sunday, 4 November 2018

Whether champerty and maintenance is legal in India?

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In India, of course,  champerty or maintenance  is not illegal.  In Glegg v Bromley [1912] 3 K. B, 474. Mr. Justice Parker, as he then w...
Thursday, 20 September 2018

Whether wife can claim right of residence in property in the name of her father in law?

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Against the above backdrop, the contentions raised by the petitioner that she has a right to continue to live in a portion of the above-m...
Saturday, 25 August 2018

Whether property of mother in law can be attached for recovery of maintenance granted to wife?

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 Maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maint...
Tuesday, 3 July 2018

Whether relief can be granted to a party without pleading?

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 The last contention of the learned counsel for the appellant is in relation to application of Section 53A of the T.P Act.  It is well set...
Saturday, 16 June 2018

Whether suit for specific performance is maintainable on basis of unregistered agreement of sale?

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This decision has been followed by a Ld. Single Judge of this Court in Vinod Kumar v. Ajit Singh (2013) 138 DRJ 324 where the Court held ...
Saturday, 9 June 2018

Whether joint owners of property can be given unequal share in partition?

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 I however cannot agree with this argument for the reason that before partition, depending on the circumstances, one or more coowners can...
Saturday, 28 April 2018

Whether court should grant mandatory injunction to protect property from encroachment?

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Having considered the rival submissions, we find force in the argument of Respondent No. 1 that even if the claim of Respondent No. 1 rega...
Sunday, 15 April 2018

Whether bank account is a property which can be freezed during course of investigation?

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Having considered the divergent views taken by different High Courts with regard to the power of seizure Under Section 102 of the Code of ...
Sunday, 1 April 2018

Whether husband is entitled to get property of deceased wife if she had inherited said property from her parents?

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In order to appreciate the rival submissions advanced by learned counsel for petitioners and respondent, in my opinion, it would be neces...
Saturday, 31 March 2018

Whether court can direct court commissioner to deliver possession of property in execution of partition decree?

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Without   following   the   aforesaid   guidelines,   the trial   Court   has   passed   an   order   directing   the   Court Commissione...
Sunday, 25 March 2018

Whether prospective buyer can retain possession of property if his suit for specific performance is dismissed?

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In our considered opinion, one of the effects of the dismissal of Appellant's suit/appeal, which was filed for specific performance of...
Sunday, 25 February 2018

Whether father can execute will in respect of property which he got in partition of joint family property?

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 It is clearly emerging factual and legal position in the matter that there had been partition among father and three sons in 1978 whereun...
Monday, 19 February 2018

Whether eviction suit in respect of property in possession of court receiver can be instituted without leave of court?

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The points for consideration which arise in the present petition are whether the institution of a suit for eviction of a tenant in respect...
Sunday, 4 February 2018

Whether mandatory injunction can be granted for vacation of property by person in permissive possession of property?

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 I have given my anxious consideration to the arguments advanced by the counsel appearing for both parties at the Bar. In view of the riva...
Sunday, 28 January 2018

Supreme Court: Caretaker, watchman or servant can not claim possession of property against its owner

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Principles of law which emerge in this case are crystallized as under: 1. No one acquires title to the property if he or she was a...