Search Results for "voidable sale"

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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.

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

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Bombay High Court Allows Appeal in Specific Performance Suit — Oral Agreement Not Proved. Plaintiff failed to establish oral agreement, payment of consideration, and suit was barred by limitation under Article 54 of the Limitation Act, 1963.

The appellants (original defendant nos. 2 to 4) challenged the judgment and decree dated 18/02/2014 passed by the learned Judge, City Civil Court, Mum...

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Karnataka High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell Not Proved as Plaintiff Failed to Establish Readiness and Willingness to Perform Contract.

The appellant, Annarao, filed a suit for specific performance of an agreement to sell dated 28.08.1986, allegedly executed by the respondent, Gopal Ra...

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High Court of Karnataka Upholds Trial Court's Valuation of Suit for Declaration and Injunction Under Karnataka Court Fee and Suit Valuation Act, 1958 — Suit for Declaration That Sale Deed Is Null and Void Is Properly Valued Under Section 26(c) Read with Section 24(d) of the Act.

The defendant filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 30.7.2013 passed by the I Addit...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

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Bombay High Court Considers Validity of AAIFR Order Setting Aside BIFR's Exclusion of ULC Land from Sick Company's Rehabilitation Scheme. The Court Examines Whether the Remand for Modification Was Justified Under SICA and ULC Provisions.

The petitioner, Swayam Realtors and Traders LLP, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay ...