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Hasvantbhai Chhanubhai Dalal vs Adesinh Mansinh Raval on 12 April, 2019

There are series of judgments in this regard by various High Courts, which have followed the principles laid down in the case of Mrs. Chandnee Widya (supra); Motilal (supra), and some of the judgments in this regard are Khan Bahadur C.B. Taraporwala v. Kazim Ali Pasha, AIR 1966 AP 361; Indra Prasad Saxena v. Chaman Lal Malik, AIR 1994 All 105; and, Shri Rajesh Agrawal v. Shri Balbir Singh, AIR 1994 Delhi 345.
Gujarat High Court Cites 125 - Cited by 7 - J B Pardiwala - Full Document

Syed Jalal And Ors. vs Tarrgopal Ram Reddy And Ors. on 25 April, 1968

1. These five second appeals, the first appeal and the Civil revision petition have been referred to a Bench by our learned brothers Venkatesam, J., Krishna Rao, J., and Obul Reddy, J., by their respective orders for resolving the conflict between the two decisions of Gopal Rao Ekbote J., in Ramulu v. Narashimhulu, (1963) 1 Andh WR 165 and Raghvachari v. Ramkrishan Reddy (1965) 2 Andh WR 61, on the one hand and two decisions of N. D. Krishna Rao J., (as he then was) in Ramulu v. Anantharamulu, & C. B. Taraporwals v. Kazim Ali Pasha, , one of Munikanniah J. in Vasudev Reddy v. Venkata Reddy, and one of Chandrasekhara Sastry, J., in Venkata Rao v. Ch. Sattaiah, 1964 (2) Andh WR (SN) 43 on the other, involving the determination of the scope and ambit of S. 47 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act 921 of 1961) hereinafter called "the Tenancy Act). These several appeals and revision petition challenge the validity of (a) agreement of sale entered into between vendor and vendee to sell agricultural lands, the terms of which are that the vendor would take necessary steps to obtain permission under Section 47 of the Tenancy Act and execute a regular sale deed, but without putting the vendee kin possession;
Andhra HC (Pre-Telangana) Cites 20 - Cited by 15 - P J Reddy - Full Document

Adapa Vittal vs Govula Ramakistiah And Ors. on 14 July, 1967

In Taraporwala v. Karim Ali, a Single Judge of this High Court referred to the case cited above and held that a sale in disobedience of an injunction would be an irregularity and would not be illegal. In both the cases it was held that the consequence of such a sale may be different if it was established that the transferor and the transferee acted in collusion and with a view to disobey the orders of the court. In the instant case no such evidence has been led and there is no such allegation also. The learned Advocate General tried to distinguish the aforesaid two cases on the ground that in both those cases, this court was considering a case a private sale. The principles applied to the private sale cannot be applied to sale through the court. We do not find ourselves in agreement with the distinction tried to be made by the learned Advocate General. In principle such a distinction cannot be drawn. In AIR 1938 Lah 220 Coldstream, J. was considering a case of a court sale and had held that sale in contravention of an injunction is not nullity.
Andhra HC (Pre-Telangana) Cites 20 - Cited by 4 - Full Document

K. Rama Rao And Ors. vs M.A. Bari And B. Shymasundara Rao, ... on 14 August, 2007

In fact in C.V. Taraporwala v. Kazim Ali a learned single Judge of this Court in para 14 of his Judgment held that an application under Order 1, Rule 10 of the Code was maintainable. An application for addition of parties was also held to be maintainable under Order 22, Rule 10 of the Code. In fact, that Judgment came to be rendered directly in C.S. No. 14 of 1958.
Andhra HC (Pre-Telangana) Cites 25 - Cited by 1 - Full Document

Smt. Vinita Rai vs Dr. C. R. Dekate on 5 July, 2024

There are series of judgments in this regard by various High Courts, which have followed the principles laid down in the case of Mrs. Chandnee Widya (supra); Motilal (supra), and some of the judgmens in this regard are Khan Bahadur C.G. Taraporwala v. Kazitin Ali Pasha, AIR 1965 AP 361; Indra Prasad Saxena v. Chaman Lal Malik, AIR 1994 Allahabad 105; and Shri Rajesh Agrawal v. Shri Balbir Singh, AIR 1994 Delhi 345."
Chattisgarh High Court Cites 10 - Cited by 0 - Full Document

B. Gopal, And 4 Others, Hyderabad vs Dr. N.S.D. Prasada Rao, And 17 Others, ... on 9 September, 2024

44. The learned Senior Counsel Sri Vedula Venkatramana appearing for the respondents in Application No.450 of 2007 would submit that a final decree can be passed in a partition suit only in favour of a sharer under the preliminary decree or a purchaser under a registered sale deed or an assignee under registered assignment HC, J & NVSK, J 25 Applns. No.361 of 2007 and batch In C.S. No.14 of 1958 deed from the sharer. To substantiate the said averments the learned Senior Counsel placed reliance on the judgments reported in the case of Khemchand Shankar Choudhari and another Vs. Vishnu Hari Patil and others, (1983 (1) SCC 18), Venkata Reddy and others Vs. Pethi Reddy, (AIR 1963 SC 992) and Khan Bahadur, C.B. Taraporwala and another Vs. Kazim Ali Pasha and others, (AIR 1966 AP 361).
Telangana High Court Cites 37 - Cited by 0 - Full Document

K.Srinivasa Prasad, Visakhapatnam vs Dr. N.S.D.Prasada Rao, Hyderabad And 17 ... on 9 September, 2024

44. The learned Senior Counsel Sri Vedula Venkatramana appearing for the respondents in Application No.450 of 2007 would submit that a final decree can be passed in a partition suit only in favour of a sharer under the preliminary decree or a purchaser under a registered sale deed or an assignee under registered assignment HC, J & NVSK, J 25 Applns. No.361 of 2007 and batch In C.S. No.14 of 1958 deed from the sharer. To substantiate the said averments the learned Senior Counsel placed reliance on the judgments reported in the case of Khemchand Shankar Choudhari and another Vs. Vishnu Hari Patil and others, (1983 (1) SCC 18), Venkata Reddy and others Vs. Pethi Reddy, (AIR 1963 SC 992) and Khan Bahadur, C.B. Taraporwala and another Vs. Kazim Ali Pasha and others, (AIR 1966 AP 361).
Telangana High Court Cites 37 - Cited by 0 - Full Document

M.Anand, Hyderabad And 5 Others vs Dr. N.S.D.Prasad Rao, Hyderabad And 14 ... on 9 September, 2024

44. The learned Senior Counsel Sri Vedula Venkatramana appearing for the respondents in Application No.450 of 2007 would submit that a final decree can be passed in a partition suit only in favour of a sharer under the preliminary decree or a purchaser under a registered sale deed or an assignee under registered assignment HC, J & NVSK, J 25 Applns. No.361 of 2007 and batch In C.S. No.14 of 1958 deed from the sharer. To substantiate the said averments the learned Senior Counsel placed reliance on the judgments reported in the case of Khemchand Shankar Choudhari and another Vs. Vishnu Hari Patil and others, (1983 (1) SCC 18), Venkata Reddy and others Vs. Pethi Reddy, (AIR 1963 SC 992) and Khan Bahadur, C.B. Taraporwala and another Vs. Kazim Ali Pasha and others, (AIR 1966 AP 361).
Telangana High Court Cites 37 - Cited by 0 - Full Document

Alla Raghuram, Hyderabad And 6 Others vs Dr. N.S.D.Prasad Rao, Hyderabad And 18 ... on 9 September, 2024

44. The learned Senior Counsel Sri Vedula Venkatramana appearing for the respondents in Application No.450 of 2007 would submit that a final decree can be passed in a partition suit only in favour of a sharer under the preliminary decree or a purchaser under a registered sale deed or an assignee under registered assignment HC, J & NVSK, J 25 Applns. No.361 of 2007 and batch In C.S. No.14 of 1958 deed from the sharer. To substantiate the said averments the learned Senior Counsel placed reliance on the judgments reported in the case of Khemchand Shankar Choudhari and another Vs. Vishnu Hari Patil and others, (1983 (1) SCC 18), Venkata Reddy and others Vs. Pethi Reddy, (AIR 1963 SC 992) and Khan Bahadur, C.B. Taraporwala and another Vs. Kazim Ali Pasha and others, (AIR 1966 AP 361).
Telangana High Court Cites 37 - Cited by 0 - Full Document
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