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1 - 10 of 51 (0.78 seconds)Section 13 in The Indian Evidence Act, 1872 [Entire Act]
Article 59 in Constitution of India [Constitution]
Section 58 in The Indian Succession Act, 1925 [Entire Act]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
Syed Mohd. Salie Labbai (Dead) By L.Rs. ... vs Mohd. Hanifs (Dead) By L.Rs. And Ors on 22 March, 1976
In Syed Mohd. Salie Labbai (dead) by L.Rs v.
Mohd. Hanifa (dead) by L.Rs 14, Justice S
Murtaza Ali speaking for a Bench of two judges
observed that before a plea of res judicata can be
given effect, the following conditions must be
proved:
L. J. Leach And Company Ltd vs Jardine Skinner And Co on 22 January, 1957
In L.J. Leach and Co. Ltd. v.
Jardine Skinner and Co. [AIR 1957 SC 357 : 1957
SCR 438] it was held that the Court would as a rule
decline to allow amendments, if a fresh suit on the
amended claim would be barred by limitation on the
date of the application.
Mullick Abdool Guffoor And Anr. vs Muleka And Ors. on 22 July, 1884
7. Previously, the Rule of law was thought to be so
strict that it was said that land in the possession of
a usurper (or wrongdoer) or of a lessee or a
mortgagee cannot be given away, see Dorrul
Mokhtar, Book on Gift, p. 635 cited in Mullic
Abdool Guffoor v. Muleka. But the view now
prevails that there can be a valid gift of property in
the possession of a lessee or a mortgagee and a
gift may be sufficiently made by delivering
constructive possession of the property to the
donee. Some authorities still take the view that a
property in the possession of a usurper cannot be
given away, but this view appears to us to be too
rigid. The donor may lawfully make a gift of a
property in the possession of a trespasser. Such a
gift is valid, provided the donor either obtains and
gives possession of the property to the donee or
does all that he can to put it within the power of the
donee to obtain possession.