Sale of Property Archives

[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC

Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract

Case Briefs High Courts

Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court

“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”

Case Briefs Supreme Court

Judgment Debtor’s right under Rule 60 of Second Schedule of Income Tax Act a valuable right to save his property; cannot be taken away on technical ground or bona fide mistake for which he is not at fault: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the right available to the judgment debtor under

Case Briefs Supreme Court

Explained| When can proviso (6) to Section 92 of Evidence Act, 1872 be invoked?

Supreme Court: Explaining the scope of Section 92 Proviso (6) of the Evidence Act, 1872, the 3-judge bench of NV Ramana, CJ* and

Case Briefs High Courts

Ker HC | When can an encumbrance be lifted from an immovable property under S. 57 of the Transfer of Property Act? [Exhaustive Brief]

A very efficacious, substantive and procedural mechanism to facilitate the realisation of deserving and intrinsic value of encumbered estates and other immovable

Case Briefs Tribunals/Commissions/Regulatory Bodies

PMLA | Nexus to transaction must be proved to array a person as defendant in proceedings for confiscation of property involved in money laundering

Appellate Tribunal for PMLA: The Tribunal chaired by Manmohan Singh, J. set aside an order restraining a woman from sale or transfer

Case Briefs High Courts

P&H HC | Financial contribution for sale of property not a suggestion of benami transaction

Punjab & Haryana High Court: Appellant had prayed before the Bench of Surinder Gupta, J., that the Will made by mother of

Case Briefs High Courts

Suit not maintainable as matter to go through arbitration by virtue of Section 8 of the Arbitration and Conciliation Act, 1996

Punjab and Haryana High Court: A Single Judge Bench comprising of Amit Rawal, J., allowed a revision petition which was filed against