Category: Civil Law

A collection of all the Judgements which are related to Civil Law.

SUPREME COURT OF INDIA – IN THE ABSENCE OF A REGISTERED INSTRUMENT THE COURTS ARE NOT PRECLUDED FROM DETERMINING THE FACTUM OF TENANCY FROM THE OTHER EVIDENCE ON RECORD AS WELL AS THE CONDUCT OF THE PARTIES

Date of Judgement: 29.08.2016 : Non registration of the document would cause only two consequences. One is that no lease exceeding one year is created and the Second is that the instrument become useless so far as creation of the lease is concerned. Thus in the absence of registration of a document, what is deemed to be created is a...

SUPREME COURT OF INDIA – ORDER 8 RULE 5 CPC REQUIRES PLEADINGS TO BE ANSWERED SPECIFICALLY

Supreme Court of India Date of Judgement: 05.05.2016 It is settled law that denial for want of knowledge is no denial at all. The execution of the sale deed was not specifically denied in the written statement. Once the execution of the sale deed was not disputed it was not necessary to examine Buchamma to prove it. The provisions contained...

DELHI HIGH COURT – THE LITIGATING PARTIES CANNOT ENTER INTO A COMPROMISE WHICH AFFECTS THE INTEREST OF THIRD PARTIES

Delhi High Court Date of Judgement: 18.03.2016 It is an elementary principle of law that no relief can be granted in a suit against a party not impleaded as a defendant. The litigating parties cannot enter into a compromise which affects the interest of third parties or casts a liability on them. It is the duty of a Judge to...

SUPREME COURT OF INDIA – CAUSE OF ACTION ARISES WHEN THE REAL DISPUTE ARISES I.E. WHEN ONE PARTY ASSERTS AND THE OTHER PARTY DENIES ANY RIGHT

Supreme Court of India Date of Judgement: 12.02.2016 It shall now be consider the settled law on the subject i.e., cause of action. This Court in a catena of judgments has laid down that the cause of action arises when the real dispute arises i.e. when one party asserts and the other party denies any right. The cause of action in...

SUPREME COURT OF INDIA – THE LAW RELATING TO POWER OF ATTORNEY

Supreme Court of India Date of Judgement: 28.01.2016 (Para 42) The law relating to power of attorney is governed by the provisions of the Power of Attorney Act, 1882. It is well settled therein that an agent acting under a power of attorney always acts, as a general rule, in the name of his principal. Any document executed or thing...

SUPREME COURT OF INDIA – COMPACT DISKS (CDS) ARE DOCUMENTS, CAN BE CONSIDERED AS EVIDENCE UNDER LAW

Supreme Court of India Date of Judgement: 24.11.2015 The Supreme Court of India has allowed compact discs (CDs) to be treated as a document under the law and said that the litigants should be allowed to prove or disprove such electronic proof in judicial proceedings. This appeal is directed against order passed by the High Court of Punjab and Haryana...

SUPREME COURT OF INDIA – ADMISSIBILITY OF UNREGISTERED DOCUMENTS IN EVIDENCE – ANY DOCUMENT WHICH HAS EFFECT OF CREATING OR TAKING AWAY ANY RIGHTS IN RESPECT OF AN IMMOVABLE PROPERTY MUST BE REGISTERED

Supreme Court of India Date of Judgement: 08.10.2015 Section 17 (1) (b) of the Registration Act mandates that any document which has the effect of creating and taking away the rights in respect of an immovable property must be registered and Section 49 of the Act imposes bar on the admissibility of an unregistered document and deals with the documents that...

DELHI HIGH COURT – ADMISSIBILITY OF UNREGISTERED LEASE DEED IN EVIDENCE

Delhi High Court Date of Judgement: 30.09.2015 If a lease is not registered then no clause of the lease including the clause stipulating the period of the lease can be enforced. (Para 13) Since the lease deed was neither sufficiently stamped nor registered, the lease-deed is inadmissible in evidence and cannot be looked into for any purpose and no term of...

DELHI HIGH COURT – BREACH OF CONDITIONS OF LEASE ENTITLES OPPOSITE PARTY TO TERMINATE LEASE AND WHERE BREACH IS BY TENANT, LANDLORD GETS RIGHT TO TERMINATE LEASE

Delhi High Court Date of Judgement: 12.08.2015 Transfer of Property Act, 1882 — Sections 106 and 111 — Banking Regulations Act, 1949 — Section 44A and Section 45 — Tenancy — Eviction — Assignment of tenancy rights by tenant — Lease-deed prohibits sub-letting/assignment without prior written consent of lessor — Breach of condition of lease entitles opposite party to terminate lease...