AI Overview...
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Skipping the Rule of Possession in a Title Suit - Considered a formal defect if it does not affect the substantive rights; courts are advised not to adopt a pedantic approach that defeats the case. The trial court must interpret pleadings holistically and proceed with the suit unless the defect is substantive. Mohammad Ali Saraf Ali VS Jasabhai Lakhabhai Bharwad - Gujarat
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Defects in Goods and Property Titles - Defects like latent defects in goods or title defects do not fall under enumerated procedural defects; a defect in title to property does not impact the quality or purity of goods and is not a procedural flaw. ASIATIC STEAM NAVIGATION CO. LTD. VS JETHALAL DHARAMSHI AND CO. - Calcutta, Safmarine Container Lines N. V. VS Amita Enterprises - Delhi
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Procedural Defects in Legal Documents - Non-stamping or formal verification defects are curable and do not necessarily invalidate the document or proceeding, provided they are formal in nature and substantially comply with legal requirements. Sanjay Mishrimal Panamiya VS Sanjay Mishrimal Punamiya - Bombay
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Suit Procedure and Formalities - Proper signing and authorization are essential, especially for suits on behalf of corporations; lack of specific power can be a procedural defect but may be curable. Permission to withdraw a suit can be granted unconditionally, with costs, even if the plaintiff seeks to refile later. FLOATING SERVICES LTD VS MV san FRANSCECO DIPALOLA - Gujarat, SURAKSHIT EXPORTS PRIVATE LIMITED VS GCG TRANSGLOBAL HOUSING PROJECT PVT. LTD. - Delhi
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Contract and Possession - Possession or vested rights in land are crucial; possession not yet taken can affect the nature of the defect or issue, but procedural defaults like skipping enquiry under Section 5-A of the Land Acquisition Act should not be routinely allowed, as they affect owner rights. Damodhar Laxmanrao Kumbodh (deceased) VS State of Maharashtra - Bombay, HARCHAND VS ADDITIONAL COLLECTOR OF CUSTOMS - Calcutta
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Formal Defects vs. Substantive Defects - Many procedural defects such as non-stamping, formal verification, or signing are curable and do not constitute substantive flaws that can bar a suit or proceeding. Courts emphasize a pragmatic approach, focusing on substantial compliance rather than pedantic technicalities. Sanjay Mishrimal Panamiya VS Sanjay Mishrimal Punamiya - Bombay
Analysis and Conclusion:
The core insight across the sources is that skipping or failing to strictly adhere to procedural formalities—such as the Rule of Possession in a title suit—is generally regarded as a formal defect that can be cured and does not necessarily invalidate the suit. Courts tend to adopt a pragmatic approach, emphasizing the substance of the case over procedural technicalities, provided the defect does not impact substantive rights or the integrity of the proceedings. Therefore, neglecting the Rule of Possession in a title suit is typically a formal defect rather than a substantive one, and it does not automatically lead to dismissal or invalidation of the suit.
Search Results for "Skipping the Rule of Possession in a Title Suit is a Formal Defect"
2018 0 Supreme(Guj) 980 • India - Gujarat
BIREN VAISHNAV
Code of Civil Procedure, 1908 - Order 7 Rule 11 - Gujarat Land Revenue Code - Section 135-L - Land Case ... of his pleadings taken as a whole - At the same time it should be borne in mind that no pedantic approach should be adopted to defeat ... case - Accordingly, Court see no reason to interfere with the order passed by the trial Court - Trial Court shall proceed with the suit ... ... 12 The trial Court must remember that if on a meaningful and not formal reading of the plaint it is manifestly vexatious and merit-less....
1958 0 Supreme(Cal) 222 • India - Calcutta
P.B.MUKHARJI, R.S.BACHAWAT
The defendant also took the defence of inherent defect or vice of those goods and pleaded that the goods suffered from latent defects ... Fact of the Case: Plaintiffs brought a suit against the defendant shipping company for the recovery of damages for ... possession or possessory title. ... may have passed to the purchaser before the actual purchase, the endorsement of the bills of lading completed and perfected his title by putting the purchaser in posse....
2012 0 Supreme(Del) 2144 • India - Delhi
REVA KHETRAPAL
A defect in title to property will not fall under any of the defects enumerated in Section 2(1)(f). A taint in property due to defective title does not affect the quality or purity of the goods. ... (supra) to the effect that a defect in title to property will not fall under any of the defects enumerated in Section 2(1)(f) of the Consumer Protection Act, 1986. ... It is far fetched to maintain that a defect in title in any goods wou....
2020 Supreme(Online)(KER) 1293 • India - High Court of Kerala
S.V. BHATTI, BECHU KURIAN THOMAS, JJ
Shipping - Contract of Affreightment - Section 69(2) of Indian Partnership Act, Section 230 of Indian Contract Act - The judgment ... Is the suit maintainable under Section 69(2) of the Indian Partnership Act? 3. ... discusses the jurisdiction of the court, agency relations, limitation for filing a suit, and the parties' contractual obligations ... The joint receivers who were in possession of the properties of the firm were also impleaded as defendants and though they took time for filing a written statement, ultimately....
2004 0 Supreme(Guj) 142 • India - Gujarat
D.A.MEHTA
The question is not as to whether such a remedy is permissible, or whether defect ... public interest and limited company has to be taken into consideration for the purpose of deciding whether it is only a procedural defect ... 14 & Order 29 Rule 1 - Signing of plaint - Suit on behalf of corporation - Unless the power to institute a suit is specifically ... does not have any right, title or interest in the vessel and the vessel is required to be restored in lawful possessi....
2019 0 Supreme(Bom) 1646 • India - Bombay
B.P.COLABAWALLA
Non-stamping of the document, even under the provisions of the Maharashtra Stamp Act, 1958 is a curable defect. ... Non-stamping of the document, even under the provisions of the Maharashtra Stamp Act, 1958 is a curable defect. ... Non-stamping of the document, even under the provisions of the Maharashtra Stamp Act, 1958 is a curable defect. ... The defect in the verification can be (i) of a formal nature and not very substantial (ii) one which substantially complies with the requirements and (iii) that....
2008 0 Supreme(Bom) 679 • India - Bombay
A.M.KHANWILKAR, R.C.CHAVAN
and land vested in the State while in the case at hand possession is yet to be taken. ... ... (5) Skipping enquiry under Section 5-A should not be routinely resorted ... -The Senior Advocate for the petitioners contended that the decision is unhelpful, since in that case possession was already taken ... ... (5) Skipping enquiry under section 5-A should not be routinely resorted to or allowed by courts, since it is the only opportunity afforded to owner of property to raise his objections to compulsory acquisition. ... ....
2011 0 Supreme(Del) 710 • India - Delhi
SANJAY KISHAN KAUL
Civil Procedure Code, 1908 - Order 23 Rule 1 - Suit for foreclosure of mortgage - Permission to withdraw ... Unconditionally - No permission to file fresh suit sought - No suit for redumption filed by defendants nor any counter claim - Suit ... all interim orders but same be subject to cost - Application for withdrawal of suit allowed with cost of Rs. 5.00 lakhs. ... by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the be....
2006 6 Supreme 133 • India - Supreme Court
ARIJIT PASAYAT, TARUN CHATTERJEE
— Specific Relief Act, 1963 — Sections 16, 20 — Suit ... Contract Act lays down that the object of an agreement becomes unlawful if it was of such a nature that, if permitted, it would defeat ... uphold the sanctity of contract which form the basis of society, but in certain cases, the Court may relieve them of their duty on a rule ... On a major part of the property, the appellant has continued to remain in possession. ... George who were witnesses to the agreement, were highly educated respectable persons, he di....
1979 0 Supreme(Cal) 169 • India - Calcutta
M.N.ROY
Thereafter, it has been alleged that necessary documents containing the formal permission issued by the Customs Department, were presented by the petitioner's clearing agent as mentioned above, to the ship's Officer and then the said 25 cases were taken on board the vessel in accordance with the proceduie ... For purposes of penalty, they would have to go further and show that the accused was in possession of the goods with the knowledge that the goods were smuggled. " in the case, reference was made to another judgment of this Court in the case of Mangla ....
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