Court : Delhi
Reported in : [1985]58CompCas350(Delhi); 1984(6)DRJ1; 1983RLR746
..... shelter now sought to be taken by the respondent on the rule of 'buyers beware' is further of no avail as when title itself did not exist, the company could not represent that it was the absolute owner. 20. ..... the vendor further assures the vendee that in the event of any flaw in the title of the vendor, the property sold shall pass out from the ownership or possession of the vendee, the vendor shall be held responsible to compensate the vendee in all ..... thus it is not even in a position to plead that whatever infirmity in its rights over the plots existed, the same has been subsequently made up, and thus it is now in a position to assure the petitioners that the title purported to be passed to them has now in any case become absolute and perfect. ..... am in this regard, satisfied that they did demand the refund of the money, and before that it required the company to prove its title and show the development plan but the company failed to company. ..... it is urged that the claim is based upon damages for breach of warranty of title, and the same cannot be treated as 'debt' within the meaning of s. ..... the enquiries later revealed that the company had itself no title over the land, and, as such, entirely misrepresented that it was the absolute owner of the ..... to sell, which the company claimed it had in its favor, did not confer any title over the land with the respondent. ..... there being thus total failure of title of the company, the petitioners are entitled to seek the return of the money paid along .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi233
..... in case of re-sale, pursuant to the exercise of the right of lien or stoppage in transit, the buyer acquires a good title thereto as against the original buyer ntowithstanding want of ntoice of the resale to the latter.in case of a contract which expressly reserves a right of re-sale on buyer's default, when the goods are re-sold on such default, the original ..... it is laid down therein that the seller's lien depends on actual possession and nto on title and it can be exercised only when the property in the goods has passed to the buyer. ..... it is added that there is no distinction in principle in regard to reservation of title in respect of a bill of lading and a railway receipt and the seller in such a case is nto entitled to resell the goods under the terms of section 54(2) of the act. ..... railway receipt in favor of the bank and delivers a hundi with a direction that the railway receipt should be delivered to the buyer only when the hundi is honoured and the price of the goods is paid, the title in the goods does nto pass to the buyer. ..... in the case in hand, assuming that the title in the goods did nto pass to the seller, the fact remains that the defendant had committed breach of contract in nto taking delivery of the goods. ..... sale of goods act, that decision proceeds to state:- 'the endorsement in the invoice merely indicated that the insurance charges were to be paid by the appellant and the clause has no bearing on the question of the passing of title. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1974Delhi190; ILR1974Delhi100
..... the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.20. ..... the respondent thereafter made an application praying that the first appeals arising out of the two suits filed by an appellant's father be dismissed as the main question involved therein, namely, her title to the suit property had become final on account of the dismissal of the appeals arising out of the two suits filed by her. ..... in view of the fact that the petitioners have failed to prove that there any threat of eviction from the paramount title, the said authorities are not required to be taken note of.48 in view of my above discussion on various points noted above, the revision petition fails and are dismissed with costs.49. ..... in this view of the matter the finding of the first appellate court that the oral story of the intervention of the paramount title stands negatived, has to be upheld.47. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi162; [1978]48CompCas591(Delhi); 14(1978)DLT28; ILR1978Delhi597; 1978RLR167
..... the case of shares (not being bonus shares) allotted as fully or partly paid up otherwise than in cash, produce for the inspection and examination of the registrar a contract in writing constituting the title of the allottee to the allotment together with any contract of sale, or a contract for service or other consideration in respect of which that allotment was made, such contracts being duty stamped, and ..... not being bonus shares) allotted as fully paid up or partly paid up otherwise than in cash, the company is required to produce for the inspection and examination of the registrar a contract in writing constituting the title of the allottee to the shares allotted to him together with any contract of sale, or a contract for service or other consideration in respect of which the allotment .of shares was made. ..... controversy that the particulars which are required to be furnished are in respect of the particulars of the contract constituting the, title of the allotment of the shares and of the consideration of the contract. ..... oral contract constituting the title of the allottees to the allotment of the shares, it is, thereforee, evident that the form furnishing the particulars of the oral agreement, in law has to be determined for the purposes of the stamp duty 'to be the contract in writing' by which the title to the allotment was ..... in cash, as in instant case, the registrar of companies has to satisfy himself in respect of the title of the allottee to the allotment of the shares. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi251
..... he has also cited sections 18 and 19 of the transfer of property act in support of his contention that the 'vesting' includes both possession and 'title' and vests a definite right in favor ofthe corporation and the corporation acquires all the rights of the owner in the property in question. ..... sale and to remove any impediments in their way that the statute by a deeming provision has granted to the financial corporation powers of the owner for the limited purpose of realizing the security, to convey good marketable title to the purchaser, and to defend any legal action, but the property does not absolutely vest in it. ..... mukul rohtagi, appearing for the purchaser, had argued mainly, that the client is a bonafide purchaser, for valuable consideration without notice of any defect in title, and has acquired the property as absolute owner. ..... in the absence of winding-up or commencement of winding-up proceedings, dfc would be perfectly within its rights to sell the security provided there is no injunction by court restraining sale thereof, and convey good marketable title as the owner itself could do. ..... of the concern' in section 29(5) of the state financial corporations act as well as the expression 'vesting' used in the sub-section (2) clearly indicates that the property passed to the corporation in fact and in law including the vesting of title and possession. .....
Tag this Judgment!Court : Delhi
Reported in : 1997IVAD(Delhi)625; AIR1997Delhi347; 68(1997)DLT222; 1997(42)DRJ792
..... context in which the word 'owner' has been used in section 61(1) (a) and the inclusive definition given in section 2( 11), we arc of the opinion that to attract applicability of section 61 one need not to be an owner of the property as holding full title therein including power of disposal it is enough if the person holding the properly has right to possess and use it to the exclusion of others. ..... : air1988sc1737 , it was held that the word 'owned' is a generic term embracing within itself several gradiations of title, dependent on the circumstances, and it does not necessarily mean ownership in fee simple; it means, 'to possess to have or hold as property. ..... it can exclude all others having no better title it cannot escape liability to pay property tax by its own act of not executing the deed of lease. ..... the person in whom is vested the ownership, dominion, or title of property; proprietor. .....
Tag this Judgment!Court : Delhi
Reported in : 110(2004)DLT148; 2004(73)DRJ355
..... the prohibition of section 6 works against the revisionist avtar singh since, instead of initiating an action for possession on the basis of his having acquired title to the property, he must be seen as having attempted to dispossess the respondents contrary to the prescription of section 6. ..... in the last of the case, the possession of the trespasser, just entered into would not be called as one acquiesced to by the true owner.it is the settled or effective possession of a person without title which would entitle him to protect his possession even as against the true owner. ..... in all situations mayhem will ensue if courts decline to give protection to the existing title holder illegally and unauthorisedely ousted from possession of immovable property, who acts with immediate dispatch.4. ..... this can be established by the trespasser by showing acquiescence on the part of the title holder, as also that the plaintiff in an action under section 6 of the act is not in occupation of the land for a short duration. ..... (4) nothing in this section shall bar any person from suing to establish his title to such property and to recover possession thereof'. 2. ..... by person dispossessed of immovable property:- (1) if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that maybe set up in such suit. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1978Delhi114; 14(1978)DLT8; [1978]113ITR389(Delhi)
..... the plaintiffs are not parties to the alleged will on the basis of which the defendants are claiming title and, thereforee, the plaintiffs can ignore the will, and this court should also ignore the averments in relation to the challenge to the will and treat the suit as purely for permanent injunction covered ..... if the plaintiff merely avers a title which can be established without the cancellation of a document or the nullification of any adverse title and only the reliefs are claimed which will naturally flow from the establishment of the title which he avers, it is not necessary for the plaintiff to pray expressly for a declaration of that title and the suit would fall under ..... the said alleged will was not executed and could not be executed by the said mahant narsingh dass and that the said will is void, and illegal which confers no right or title whatsoever on the defendants in ramdwara and the property, etc. ..... the plaintiffs do not claim the title in themselves or assert the same but are disputing the hostile title set up by the defendants which is claimed by them by virtue of the ..... so long as the plaintiffs do not challenge the alleged title claimed by the defendants, the obstacle in the way of claiming relief of ..... depriving them of their possession, the plaintiffs have sought the declaration that the will executed in their favor by the previous mahant is void and illegal and does not confer any right or title on the defendants in the ramdwara or the properties attached to it. .....
Tag this Judgment!Court : Delhi
Reported in : 147(2008)DLT472
..... the plaintiff submits that he has not committed any breach of the perpetual sub-lease or of any clause thereof and the defendant have no right or title to cancel the sub-lease or to claim possession of the said plot from the plaintiff.11. ..... in that case, it was held that where the defendant in his written statement sets up a title to the disputed lands as the nearest reversioner, the court cannot, on his failure to prove the said case, permit him to make out a new case which is not only made in the written statement, but which is wholly inconsistent with the title set up by the defendant in the written statement. ..... but where the substantial matters relating to the title of both parties to the suit are touched, though indirectly or even obscurely in the issue, and evidence has been led about them, then the argument that a particular matter was not expressly taken in the ..... whether the plaintiff has any right, title or interest in the suit property? .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi689
..... said at the end of the order: 'inview of this stand the plaintiff would not be allowed to urge anything to cast any doubt on the validity of the defendant's title except in so tar as the same may be affected or her right to transfer the property in favor of the plaintiff may be affected, on account of the pendency of the ..... court quoted a passage from fry on specific performance edition 6 at page 416 where it is said : 'thecourt would, it is conceived, consider the title doubtful in the following cases- (1) where the probability of litigation ensuing against the purchaser in respect of the matter in doubt is considerable, or as it ..... counsel did not dispute, (i)that the vendor is involved in a litigation with her step sons in respect of this property and her title has been impugned in that suit; and (ii) that in 1960 the property was attached by the income-tax authorities and that the ..... assures the vendee that she will transfer the said (house) as its exclusive to sole owner free from all encumbrances and as regard the title of the vendor being free from all defects the vendor will satisfy the vendee before registration in all respects on the basis of the ..... the purchaser's counsel's grievance was about the non-disclosure of certain material facts and that the plaintiff was 'confining his objection to the validity of the defendant's title only as it is affected by the pendency of a litigation in respect of the properly in suit and by the attachment made at the instance of the income- .....
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