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Landmark Judgments and Articles on Law

When a party should not seek declaration that sale deed is void?

Supreme Court JUSTICE AJAY RASTOGI, JUSTICE ABHAY S. OKA KEWAL KRISHAN Vs. RAJESH KUMAR & ORS. ETC. CIVIL APPEAL NOS. 6989-6992 OF 2021 22nd November 2021 Citation: 2021 ALL SCR (ONLINE) 678 Author: ABHAY S. OKA, J. Leave granted. FACTUAL ASPECTS 1. The appellant Kewal…

Can the court direct the accused to cancel the registered sale deed executed in favour of a third party as a condition for grant of Anticipatory bail?

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.5543/2021 SYED AFSAR PASHA QUADRI Vs THE STATE OF TELANGANA Date : 17-09-2021 This petition was…

SC : A person can not claim Title in Property even if his Property is Recorded in his Name in Revenue record

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5919 OF 2011 Prahlad Pradhan & Ors. …Appellants versus Sonu Kumhar & Ors. …Respondents JUDGMENT INDU MALHOTRA, J. 1. The present dispute arises out of a Civil Suit filed by the Respondents for…

Whether sale deed not signed by purchaser is valid?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Second Appeal No. 324 of 2002 Decided On: 23.03.2018 Hemant Vs. Naresh and Ors. Hon’ble Judges/Coram: Manish Pitale, J. Citation: 2018(5) MHLJ 246 1. The appellants herein are the unsuccessful plaintiffs who have challenged concurrent findings rendered…

Whether court can record finding on a issue which is framed beyond pleading?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 19421 of 2017 (Arising out of SLP (C) No. 22894/2014) Decided On: 20.11.2017 Shivaji Balaram Haibatti Vs. Avinash Maruthi Pawar Hon’ble Judges/Coram:R.K. Agrawal and Abhay Manohar Sapre, JJ. Citation: (2018) 11 SCC 762 1. Leave granted….

Whether purchaser can get specific performance of contract if agreement of sell is not signed by some of coparcener?

IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH) First Appeal No. 340 of 2003 Decided On: 01.09.2016 Anand Kumar and Ors. Vs. Rajesh Kumar and Ors. Hon’ble Judges/Coram: S.K. Gangele and Ashok Kumar Joshi, JJ. Citation: AIR 2017(NOC) 914 MP 1. Appellants have filed this…

When defendants are entitled to get benefit of doctrine of part performance?

JHARKHAND HIGH COURT SECOND APPEAL NO. 61 of 2004 Smt. Gita Devi Vs ccc PRESENT MR. JUSTICE D.N. UPADHYAY PRONOUNCED ON 05/08/2016. Citation: AIR 2017 Jharkhand 24 D.N. Upadhyay, J This Second Appeal has been preferred by defendants/appellants against the Judgement dated 24.11.2003, Decree dated…

Whether registrar can refuse to register sale deed without assigning reasons?

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1630 of 2015 Pankaj Kumar Jaiswal Vs State of Jharkhand. Dated: 03.01.2017. Citation: AIR 2017 Jharkhand 21 Heard learned counsel for the petitioner and the State. Petitioner is the vendee of a piece of…

Transfer of Property and Property rights

IN THE HIGH COURT OF KERALA AT ERNAKULAM Mat.Appeal.No. 217 of 2004() 1. VASANTHAKUMARY, SHANMUGAVILASAM VEEDU,… Petitioner Vs 1. OMANAKUTTAN NAIR,… Respondent For Petitioner :SRI.S.ABDUL RAZZAK For Respondent :SRI.JOHN MATHEW The Hon’ble MR. Justice R.BASANT The Hon’ble MRS. Justice M.C.HARI RANI Dated :05/06/2009 O R…

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