Civil Cases HELD – Section 17(2)(vi) of the Registration Act, 1908. – Principle is based on the fact that family settlement only declares the rights which are already possessed by the parties – A compromise decree in respect of land which is not the subject-matter of suit but is part of the settlement between the family members does not requires compulsory registration in terms of July 18, 2021 sclaw
Civil Cases “….no compulsion for the plaintiff to, at the stage of filing the suit, prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid. Once it is conceded that the value of the land [per explanation to Section 7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb) of the Act, this meant that the concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A)…” February 20, 2020 sclaw
Civil Cases Society Matters – we are of the view that the only way to bring to an end all the litigations between the parties before various fora is to set aside the impugned order and the elections held pursuant thereto and to appoint an Advocate Commissioner to convene the General Body as well as the Executive Committee for the election of office bearers. October 4, 2019October 4, 2019 sclaw
Civil Cases Benami Transactions—Financial Assistance—Merely because some financial assistance has been given by the father to the sons to purchase the properties, the transactions cannot be said to benami in nature. Benami Transactions—Intention of the person who contributed the purchase money is determinative of the nature of transaction–Source of money had never been the sole consideration—It is merely one of the relevant considerations but not determinative in character May 12, 2019 sclaw
Civil Cases Motor Vehicles—No vehicle can be altered so as to change original specification made by manufacturer. March 27, 2019 sclaw
Civil Cases Constitution Wakf-Jurisdiction of Wakf Tribunal-Bar of Jurisdiction of Civil Court-Right, title and interest of a non-Muslim to the Wakf property is to be adjudicated by Wakf Tribunal where dispute pleaded is that suit property is not Wakf property. March 3, 2019February 21, 2020 sclaw
Civil Cases Partnership–Dissolution of–When there are only two partners constituting the partnership firm, on the death of one of them, the firm is deemed to be dissolved despite the existence of a clause which says otherwise November 28, 2018 sclaw
Civil Cases Specific Relief Act, 1963, S.20–Specific Performance-Agreement to Sell—Once the Trial Court, first and second Appellant Court formed an opinion and decided to grant the specific performance of the agreement to the plaintiff in exercise of their respective discretionary powers, Supreme Court being the last court in hierarchy cannot disturb such concurrent findings while exercising power under Article 136 of the Constitution of India—Such concurrent findings are binding on Supreme Court. July 3, 2018 sclaw
Civil Cases Rajasthan Public Trust Act, 1959, S.29—Unregistered Trust—Bar is created for hearing and deciding a suit and not filing the suit— June 30, 2018 sclaw
Civil Cases IMP : Electricity—Auction Sale of Property—Auction purchaser cannot be called upon to clear the past arrears and a power connection to an auction purchaser cannot be withheld for the dues of the past owner. April 8, 2018 sclaw
