March 2018

February 2018

Specific Relief Act, 1963, S.20-Agreement to sell-Specific performance-Mere dismissal of suit for symbolic possession of ownership would mean that agreement to sell was not binding.

By | February 27th, 2018|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.20-Agreement to sell-Specific performance-Mere dismissal of suit for symbolic possession of ownership would mean that agreement to sell was not binding.

When Registrar issued a certificate of registration, the strong presumption is attached about the correctness of the contents of the sale deed.

By | February 19th, 2018|Specific Relief Act|

Comments Off on When Registrar issued a certificate of registration, the strong presumption is attached about the correctness of the contents of the sale deed.

Collateral purpose—It is any purpose other than that of creating, declaring, assigning, limiting or existing washing a right to immovable property.

By | February 12th, 2018|Specific Relief Act|

Comments Off on Collateral purpose—It is any purpose other than that of creating, declaring, assigning, limiting or existing washing a right to immovable property.

December 2017

November 2017

October 2017

Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance-Only residential house—Seller a semi literate lady specifically pleaded that her signatures were taken on some typed papers

By | October 22nd, 2017|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.20–Agreement to Sell-Specific Performance-Only residential house—Seller a semi literate lady specifically pleaded that her signatures were taken on some typed papers

Specific Relief Act, 1963, S.34-Suit for Declaration-Shifting of Electricity poles-­Blockage to passage leading to fields of plaintiff—Held; it seems the time of installation of electric poles the concerned authorities did not consult relevant revenue record and committed a serious mistake at the site

By | October 21st, 2017|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34-Suit for Declaration-Shifting of Electricity poles-­Blockage to passage leading to fields of plaintiff—Held; it seems the time of installation of electric poles the concerned authorities did not consult relevant revenue record and committed a serious mistake at the site

Suit for Recovery—Acquittal in dishonour of cheque case does not mean that the claim in civil proceedings ipso facto stands disproved.

By | October 21st, 2017|Specific Relief Act|

Comments Off on Suit for Recovery—Acquittal in dishonour of cheque case does not mean that the claim in civil proceedings ipso facto stands disproved.

Specific Relief Act, 1963, S.34-Suit for Declaration-Joint Possession–Once the plaintiff from the very beginning had claimed that the parties to the suit are co- sharer and therefore, deemed to be in joint possession,

By | October 16th, 2017|Specific Relief Act|

Comments Off on Specific Relief Act, 1963, S.34-Suit for Declaration-Joint Possession–Once the plaintiff from the very beginning had claimed that the parties to the suit are co- sharer and therefore, deemed to be in joint possession,

September 2017

August 2017

The remedy of a person, who is unsuccessful in a suit under Section 6 of the Act is to file a regular suit based on title-Remedy of revision is available only for a limited question i.e. by way of exception that too based on well settled parameters under Section 115 CPC.

By | August 19th, 2017|Specific Relief Act|

Comments Off on The remedy of a person, who is unsuccessful in a suit under Section 6 of the Act is to file a regular suit based on title-Remedy of revision is available only for a limited question i.e. by way of exception that too based on well settled parameters under Section 115 CPC.

Agreement to sell—Where the vendor had in pursuance to the agreement delivered possession, received earnest amount, it could not be argued that no interest was created in property

By | August 1st, 2017|Specific Relief Act|

Comments Off on Agreement to sell—Where the vendor had in pursuance to the agreement delivered possession, received earnest amount, it could not be argued that no interest was created in property

May 2017

April 2017

March 2017

Limitation Act, 1963, Article 65–Adverse Possession-Plea of adverse possession is not available to the plaintiffs-Plea of adverse possession can be used only as a weapon of defence by the defendants and not as a weapon of offence by the plaintiffs.

By | March 29th, 2017|Specific Relief Act|

Comments Off on Limitation Act, 1963, Article 65–Adverse Possession-Plea of adverse possession is not available to the plaintiffs-Plea of adverse possession can be used only as a weapon of defence by the defendants and not as a weapon of offence by the plaintiffs.

January 2017