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Subject :
NEELAM BHATIA vs RITU BHATIA
Keywords: partition, title, cause of action, time-barred, Agreement to Sell, GPA, Registration, Property Rights, Civil Procedure, Vexatious Litigation
Unregistered agreements do not confer rights in property; a valid title requires a registered sale deed under Section 54 of the Transfer of Property Act.
(A) Code of Civil Procedure, 1908 - Order VII Rule 11 - Suit for partition and declaration of ownership - Plaintiffs sought partition of property and declaration of ownership based on Agreement to Sell, GPA, and Receipt dated 7th April 1981 but failed to produce registered title documents - Defendants contested the plaint's validity, asserting it was time-barred and lacked cause of action. (Paras ...
RENU MATHUR vs RAMESH CHANDER GUPTA
Keywords: appeal, loan recovery, promissory notes, cheques, forgery, burden of proof, interest, costs, civil suit, validity
The court confirmed that validated promissory notes and cheques substantiate claims for recovery, emphasizing that the burden of disproving such documents lies with the defendants.
(A) Civil Procedure Code, 1908 - Section 96 and Order XLI Rule 1 - Appeal against decree for recovery of loan amount - Trial Court decreed suit for Rs.50 lakhs with future interest at 12% p.a. - Defendants denied loan existence and alleged forgery of documents - Court upheld trial court's finding emphasizing the valid execution of promissory notes and cheques, confirming the plaintiff's entitlemen...
SAMEER DNYANDEV WANKHEDE vs RED CHILLIES ENTERTAINMENTS PVT. LTD.
Keywords: Defamation, Jurisdiction, Civil Procedure Code, Online Defamation, Merger Rule, Plaintiff's Reputation, Defamatory Content, Liability, Legal Proceedings, Court Competence
Jurisdiction in defamation cases, particularly online, must align with both the location of the wrong and the residence of the defendants, mandating the plaintiff to file in the appropriate jurisdicti....
(A) Civil Procedure Code, 1908 - Section 19 - Defamation - Jurisdiction - Suit for defamation regarding a television series claims damages for injury to reputation; however, the court determined it lacked jurisdiction as the wrong was primarily done where the defendants resided - The suit should be filed at a place where wrong is done or where the defendant resides; further, implications of online...
UNION OF INDIA & ORS. vs RAJESH
Keywords: disqualification, probation, employment, conviction, Section 12, regulations, moral turpitude, appointment, court ruling, Judgment
The court ruled that a conviction will not disqualify a candidate for employment if dealt with under probation provisions, ensuring eligibility remains intact per Section 12 of the Act, 1958.
(A) Probation of Offenders Act, 1958 - Section 12 - Airports Authority of India (General Conditions of Service and Remuneration of Employees) Regulations, 2003 - Cancellation of appointment - Respondent, convicted under IPC, challenged cancellation after disclosing conviction to the AAI during recruitment process - Single Judge’s order quashing cancellation upheld, emphasizing the right to appoint...
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