AI Overview...
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Sale Cancellation - Unilateral cancellation of sale or conveyance deed is generally invalid unless authorized by law or specific contractual provisions. Courts have consistently held that such unilateral actions without legal backing cannot be accepted, and cancellation must be carried out through proper legal channels, typically civil courts. For example, the DDA's unilateral cancellation was deemed invalid as it lacked legal authority RAJ RANI Vs DDA & ORS. - Delhi. Similarly, courts have emphasized that cancellation based on fraud or impersonation must be addressed through appropriate civil or revenue courts, not unilaterally Harrisons Malayalam Limited VS State of Kerala, Represented By The Chief Secretary - Kerala, C. V. Thambidurai VS A. Natarajan - Madras.
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Power of Courts - Courts possess the authority to quash or uphold cancellations based on legality and justice. Writ petitions challenging unilateral cancellations have been allowed when such cancellations are found to be illegal or without proper jurisdiction. For instance, the High Court quashed the cancellation order, asserting that only a civil court can declare a sale deed void RAJ RANI Vs DDA & ORS. - Delhi, Rasheed Ahmad Usmani VS DLF Ltd. (through its Chairman & MD) DLF Centre - Consumer.
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Principles of Justice - Courts operate under principles of natural justice, requiring fair procedures before canceling or refusing registration of documents. Forged or illegal documents cannot be registered or canceled arbitrarily; registration authorities are empowered to refuse registration of forged documents S. Kanniammal @ Mangai VS State of Tamil Nadu, The Chief Minister Cell, Chennai - Madras.
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Civil vs. Revenue Jurisdiction - When a person seeks cancellation of a sale deed on grounds like fraud or impersonation, the remedy lies with civil courts or revenue courts, not administrative or criminal authorities. The courts have clarified that such matters require civil adjudication to ensure justice Harrisons Malayalam Limited VS State of Kerala, Represented By The Chief Secretary - Kerala, M/S.HARRISONS MALAYALAM LIMITED Vs STATE OF KERALA - Kerala.
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Legal Remedies and Procedures - Parties aggrieved by unilateral cancellations have legal recourse through civil suits or appropriate judicial proceedings. Courts have upheld that unilateral actions outside the scope of legal procedures violate rights and are subject to quashing C. V. Thambidurai VS A. Natarajan - Madras, RAJ RANI Vs DDA & ORS. - Delhi.
Analysis and Conclusion:
Unilateral cancellation of sale or power of attorney without legal authority is generally deemed invalid and can be challenged in courts. Courts uphold the principle that such cancellations must follow due process, and only competent civil or revenue courts can declare transactions void. The judiciary emphasizes adherence to natural justice and proper legal procedures to protect parties' rights, with courts empowered to quash illegal cancellations to uphold justice RAJ RANI Vs DDA & ORS. - Delhi, Harrisons Malayalam Limited VS State of Kerala, Represented By The Chief Secretary - Kerala, Rasheed Ahmad Usmani VS DLF Ltd. (through its Chairman & MD) DLF Centre - Consumer.
Search Results for "Sale after Unilateral Cancellation of Power of Attonrey Fir Quashed"
2023 0 Supreme(Mad) 3163 • India - Madras
M. NIRMAL KUMAR
Issues: The issues revolved around the unilateral cancellation of the Power of Attorney and whether it amounted ... It concluded that there was no such deception in this case, and the unilateral cancellation of the Power of Attorney did not constitute ... The Court upheld the complainant's civil right in a separate civil suit, concluding that the unilateral cancellation of the Power ... The Civil....
2024 Supreme(Online)(DEL) 17295 • India - High Court of Delhi
MR. JUSTICE DHARMESH SHARMA, J
... ... Result: The writ petition is allowed, and the cancellation order is quashed. ... ... ... Ratio Decidendi: The court held that the DDA's unilateral cancellation of the Conveyance Deed was invalid, as the petitioner ... The court found that the DDA had no unilateral right to cancel the deed and that the petitioner was entitled to protection under ... (c) Such unilateral cancellation of sale deed or deed of conveyance cannot be accepted for ....
2019 0 Supreme(Pat) 741 • India - Patna
BIRENDRA KUMAR
cancellation of agreement – Petitioners have not gained anything from transaction; rather they are still loser in the sense that ... and Flat has already been sold by Opposite Party No.2 to some other person – Impugned order and entire criminal proceeding stand quashed ... petitioners were non-performer of contract of their part, legal remedy was there with the Flat owners but they adopted illegal method of unilateral ... Even if the petitioners were non-performer of the contract of their part, the legal remedy was there with the Flat own....
2021 0 Supreme(Mad) 1943 • India - Madras
R.SURESH KUMAR
to refuse to register cancellation deed - Principles of natural justice - Scope of registration of cancellation of sale deed - Forged ... document - Refusal to register forged documents and other documents prohibited by law - Cancellation of registered documents in ... of Superintendence and control over Sub-Registrars -Power of superintendence and also he is empowered to make rules consistent - ... Therefore, the position that has emerged following the said authoritative pronouncement of the Full Bench....
1992 0 Supreme(Del) 437 • India - Delhi
G.C.MITTAL, SAT PAL
and letter rogatory issued to Switzerland Sweden seeking their Co-operation quashed. ... Non-bailable warrants for his arrest were issued and the same have been quashed by a learned Single Judge of this Court and the matter ... . — Writ petition against F.I.R. registered against certain unnamed persons and three named persons and against Petitioner alleging ... to be quashed. ... If there is no breach of the terms of contract, there cannot be unilateral cancellation of the contract. Th....
2012 0 Supreme(AP) 326 • India - Andhra Pradesh
K.C.BHANU
that a reference is pending before Supreme Court of India as to whether under Section 154 police officer is bound to register a First ... Information Report case is registered long back and investigation is started in pursuance of the First Information Report – If contention ... Information Report when a cognizable offence is made out or he has some latitude of conducting a preliminary enquiry before registering First ... As per the DPA, a dealer is supposed to pay back on the date of sale or after the expiry of the gain....
2018 0 Supreme(Ker) 233 • India - Kerala
K.VINOD CHANDRAN, ASHOK MENON
A unilateral finding of fraud was also frowned upon. Para 19 reads so: ... “19. ... The lower Courts found jurisdiction to be barred, but the High Court held that a cancellation of a sale deed and declaration that they are void could only be made by a Civil Court. ... It was found that when a person who is not a recorded tenure holder, seeks cancellation of sale deed on ground of fraud or impersonation, then the remedy is only before the Revenue Court. ... The plaintiff filed a suit for cancel....
• India - Consumer
DEEPA SHARMA, C.VISWANATH
Act, 1986—Sections 2(r), 2 (nnn), 12(1)(c) and 14(1)(d)—Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale ... have accepted the said delay compensation and had taken possession before and during proceedings of the complaint and executed the sale ... The said FIR was quashed by the High Court of Karnataka vide its order dated 16th March, 2015 in Criminal Petition No.7480/2012. ... The Karnataka High Court vide its order dated 25th October, 2016 quashed the said complaint. ... I....
2018 Supreme(Online)(KER) 38679 • India - High Court of Kerala
K VINOD CHANDRAN, ASHOK MENON, JJ
The lower Courts found jurisdiction to be barred, but the High Court held that a cancellation of a sale deed and declaration that they are void could only be made by a Civil Court. ... It was found that when a person who is not a recorded tenure holder, seeks cancellation of sale deed on ground of fraud or impersonation, then the remedy is only before the Revenue Court. ... The plaintiff filed a suit for cancellation of the document which was held to be maintainable before the Civil Court, since the #HL....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
empowers a court to pass an order which accords with justice – Equitable power under Article 142 of Constitution brings to fore ... function of legal system – Ability to create or recognise legal persons has always varied depending upon historic circumstances – Power ... of Supreme Court to do complete justice – Even where positive law is clear, deliberately wide amplitude of power under Article 142 ... The petition was allowed in favour of Mohammad Asghar, the plaintiff who had prayed for evacuation and cancellation of ....
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