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 !

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

Presumption as to Joint Family Property – continuing Joint and not seperate

In This case – the court held two very fundamental principles which are of seminal importance in partition cases  –  i) if joint family’s existence is shown – some property/nucleas … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.