Day: June 24, 2018

“When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN
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“When the plaintiff being a wrong doer is not entitled to claim an equitable relief of declaration of title under Section 34 of Specific Relief Act”-EXPLAIN

The declaratory relief under Section 34 of Specific Relief Act is purely a discretionary and equitable relief. To claim such equitable and discretionary relief, the plaintiff has to approach the Court with clean hands. The plaintiff himself claimed that...
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Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.
9 min read

Concept of adverse possession and its consequences wherever attracted has been recognized in the statute dealing with limitation.

In India Article 65 of Limitation Act prescribed limitation to recover possession from the person in wrongful possession is 12 years from the date when the person in possession set up hostile title or adverse title, continuing in possession....
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Right to succession/inheritance of a property cannot be negatived without any law to that effect by categorically providing a statutory provision for such extinction of succession right
7 min read

Right to succession/inheritance of a property cannot be negatived without any law to that effect by categorically providing a statutory provision for such extinction of succession right

Right to property is a basic right which could be considered as emanated fundamental right under Article 21 of the Constitution of India, if we extend the meaning of the word “life” so far as land property is concerned...
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Status of a post-vesting intermediary retaining any land u/s 6 is not only a licensee, but a statutory tenant under WB Estates Acquisition Act1953
6 min read

Status of a post-vesting intermediary retaining any land u/s 6 is not only a licensee, but a statutory tenant under WB Estates Acquisition Act1953

It may be noted that the non-agricultural tenancy and under tenancies were made to vest under Section 3A of the West Bengal Land Reforms Act, 1955 with effect from September 9, 1980 and only the provisions of Section 5...
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Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?
9 min read

Whether there is any limitation for recovering the sum due as arrears of land revenue under the U.P. Public Moneys (Recovery of Dues) Act, 1972, and if there is none, whether recovery can be made within reasonable time or it is open to recover at any point of time?

The law of limitation makes available a right of defence with the debtor to claim that after the expiry of period of limitation the remedy to recover the amount by the creditor from him had become time barred.
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What is Goodwill
4 min read

What is Goodwill

In Ramnik Vallabhdas Madhvani and others Versus Taraben Pravinlal Madhvani[AIR 2004 SC 1084 : (2003) 5 Suppl. SCR 230 : (2004) 1 SCC 497 ] “goodwill”, as Lord Machaghten described ‘a thing very easy to describe, very difficult to define’, in...
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