Eviction of Tenant by unregistered partnership firm !

Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant – it is hit by the mischief of S.69 and an […]

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Comment : In this case the SC highlighted again that merely by adoption the adoptive parents are not deprived of right to deal with their properties as such, however if there is an agreement to the contrary such rights may be restricted, and since by such agreement right/title/interest is created/declared and extinguished it is required […]

Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES

The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not similarly enthusiastic about it. The agreement to sell is not registered – in such a situation A by virtue of […]

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 Court Chandrakant Maganlal Patel And … vs Ishwarlal Ghelabhai Choksey And … on 9 October, 1980 Equivalent […]

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. […]

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 Court Venkati Rama Reddi And Ors. vs Pillati Rama Reddi […]

Arbitrary Allotment of Petrol Pumps …SC

Though overruled by SC in a later decision in 1999 – this decision is highly public oriented – wherein the ministers, rightly, were held to be repositories of public trust, liable for breach of trust in case of arbitrary allotment of petrol pumps. Common Cause A Regd. Society vs Union Of India And Ors […]

Evidentiary Value of Unregistered Document

Comment : In this case the court was faced with the question whether an unregistered lease (which was compulsorily registrable) can be looked at – to know whether the same was given only for residence of a particular individual ? The answer depended on whether something as important a clause – can be said to be collateral […]