No Injunction against Landlord – against eviction of tenant

TENANT CANNOT SEEK INJUNCTION AGAINST LANDLORD WHEREBY LATTER MAY BE RESTRAINED FROM EVICTING THE TENANT _ FOR THE SAME IS DESTRUCTIVE OF VERY OWNERSHIP RIGHTS OF THE LANDLORD Madras High … Continue reading No Injunction against Landlord – against eviction of tenant

No Injunction against Karta against selling jt family property.

In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :- i) … Continue reading No Injunction against Karta against selling jt family property.

Forgery and Cheating

Supreme Court of India Federal Bank Ltd. vs V.M. Jog Engineering Ltd. And Ors. on 29 September, 2000 Equivalent citations: AIR 2000 SC 3166, 2001 106 CompCas 267 SC Author: … Continue reading Forgery and Cheating

Cancellation of Transaction on account of Frustration !

Comment : In this case a person sold X (leasehold warehouse) to his friend. Later he cried misrepresentation and sought to steer clear of the transaction. Later at the stage of … Continue reading Cancellation of Transaction on account of Frustration !

Supreme Court on Benami Transactions

Supreme Court on Benami Transactions Supreme Court of India Samittri Devi & Anr. vs Sampuran Singh & Anr. on 21 January, 2011 Author: Gokhale Bench: Dalveer Bhandari, H.L. Gokhale IN … Continue reading Supreme Court on Benami Transactions

Burden of Proving good faith of transactions hit by undue influence

Supreme Court of India Krishna Mohan Kul @ Nani Charan Kul … vs Pratima Maity And Ors. on 9 September, 2003 Equivalent citations: AIR 2003 SC 4351, 2004 (1) JCR … Continue reading Burden of Proving good faith of transactions hit by undue influence

Injunction against Partners from competing

Comment : This pronouncement concerns a case where a partnership firm sought to injuct it’s ertwhile(retired) partners from carrying on competing business in contravention of Retirement Deed. The Court did not … Continue reading Injunction against Partners from competing