Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice - if otherwise landlord - tenant relationship is accepted, the service of … Continue reading Service of Notice in Suit for Eviction – held 106 TPA automatically complied.

Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Comment : In this case the court held that S.151 does not empower the court to pass wild anti suit injunctions - where the power is expressly given in S.94(a) CPC/O.39 R 1 & 2, 151 should be pushed into action only rarely. In this case a court gave an anti suit injunction staying proceedings … Continue reading Manohar Lal Chopra v. RaI bahadur Seth Hiralal – Supreme Court on Court’s power to grant injunction under it’s inherent powers.

Whether Arbitration Awards are required to be compulsorily registrable ?

Comment : In a nutshell this decision holds that a private arbitration award is compulsorily registrable and ineffective without the same - but one obtained with intervention of court (reference) does not need to be.  Bombay High CourtChandrakant Maganlal Patel And ... vs Ishwarlal Ghelabhai Choksey And ... on 9 October, 1980Equivalent citations: AIR 1981 Bom … Continue reading Whether Arbitration Awards are required to be compulsorily registrable ?

Supreme Court on whether partition deeds are compulsory registrable ?

Comment : This case holds that partition - is a declaration of will as regards property - which effects a change in legal relation with property - hence is compulosrily registrable within the meaning of S.17 IRA. In absence of which it does not have any effect and cannot be recieved in evidence of the same. However … Continue reading Supreme Court on whether partition deeds are compulsory registrable ?

Registration of Gift Deed after donor’s death

Comment : A very important on the preposition that "A gift can be registered by the donee after the death of the donor, without the need of any consent of the heirs of donor, provided offcourse he proves the execution of the same"  Madras High CourtVenkati Rama Reddi And Ors. vs Pillati Rama Reddi And Ors. on … Continue reading Registration of Gift Deed after donor’s death