Search Results for "Cancellation deed"

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Search Results for "Cancellation deed"

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High Court

Bombay High Court Revokes Leave Under Clause XII of Letters Patent in Suit for Specific Performance of Agreement for Sale of Land Situated Outside Jurisdiction. The court held that a suit seeking declaration of invalidity of a sale deed in respect of immovable property situated outside the court's jurisdiction is a suit for land, and leave granted under Clause XII of the Letters Patent must be revoked.

6 Jan 2015

The plaintiff filed a suit for specific performance of an agreement for sale dated 2 February 1990 executed by Dr. Ceasar M. Fernandes and others in r...

High Court

High Court of Karnataka Dismisses Appeal in Specific Performance Suit Upholding Trial Court's Finding of Failure to Prove Fraudulent Sale Deed. Appeal Under Section 96 CPC Challenges Dismissal of Suit Where Plaintiff Claimed Agreement of Sale, But Trial Court Found No Proof That Subsequent Registered Sale Deed Was Invalid.

20 May 2021

The matter originated as a suit for specific performance of an agreement of sale. The plaintiff (appellant) claimed that he was a tenant under one J.A...

High Court

High Court of Karnataka Dismisses Revision Petition in Suit for Cancellation of Release Deed — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC as Cause of Action Disclosed. Allegations of Fraud and Misrepresentation in Obtaining Release Deed Constitute a Valid Cause of Action, and the Court Cannot Look into Defense at the Stage of Order VII Rule 11 CPC.

23 Jun 2023

The case arises from a civil suit filed by the plaintiff (respondent herein) seeking cancellation of a registered release deed dated 01.07.2019, alleg...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit, Confirms Refund of Earnest Money with Interest. Alternate relief of refund of earnest money can be granted even without a specific prayer for declaration that cancellation of agreement was illegal.

9 Jul 2026

The present Second Appeal was filed by the appellant, Maruti Dhondi Patil and Sandip Tukaram Patil, challenging the judgment and decree dated 17th Apr...

Supreme Court

Supreme Court Upholds High Court's Reversal in Gift Deed Case: Presumption of Acceptance Arises from Recital of Possession Delivery. Gift to a deity is validly accepted by trustees; unilateral cancellation by donor is void.

19 Sep 2019

The appeal arose from a suit filed by the respondents (family members of the donor and members of the Kizhakke Veethil Tarwad) seeking a declaration t...

High Court

Gujarat High Court Grants Leave to Appeal Against Consent Decree Alleged to be Collusive and Fraudulent — Applicant Not Joined Despite Prior Registered Sale Deed. The court held that the applicant, who had a registered sale deed in his favour, was a necessary party and was entitled to challenge the consent decree passed in a suit for specific performance.

6 Feb 2026

The applicant, Chandubhai Maganbhai Kalathiya, filed a Civil Application for Leave to Appeal against a consent decree dated 03.08.2019 passed in Speci...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute — Sale Deed Valid Despite Non-Examination of Attesting Witness. Execution of sale deed can be proved by other evidence under Section 68 of Indian Evidence Act, 1872 when attesting witness is dead.

11 Apr 2023

The appellant-plaintiff, Sri Thammaiah, filed a suit for declaration of title and permanent injunction (later amended to possession) in respect of sui...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

High Court

High Court Dismisses Writ Petition Seeking Compensation for Land Acquired by BDA, Filed by Agreement Holder. Agreement Executed After Preliminary Notification Held Void; Suppression of Civil Suit and Lack of Title Preclude Compensation.

21 Jul 2025

The petitioner, claiming to be an agreement holder in respect of certain lands notified for acquisition by the Bangalore Development Authority for the...

Supreme Court

Supreme Court Allows Appeal in Civil Suit on Limitation Grounds, Setting Aside Plaint Rejection. Suit for Declaration of Sale Deed as Void Not Barred by Limitation as Fraud Allegations Under Section 17 of Limitation Act, 1963 Require Factual Inquiry, Making Preliminary Issue Determination Improper Under Order VII Rule 11(d) and Order XIV Rule 2 of Code of Civil Procedure, 1908.

28 Mar 2022

The dispute originated from a civil suit filed by the plaintiff seeking multiple declarations regarding property rights. The plaintiff claimed that a ...

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