Both the presumption of resulting trust and presumption of advancement can be rebutted by evidence of the actual intention of the purchaser. The court considers all…

Acts and declarations of parties before or so immediately after as to constitute part of the transaction are admissible for or against the party. Subsequent declarations…

Where property is conveyed in the name of someone other than the purchaser, a resulting trust arises. This does not arise where the relationship raises a…

Since the presumption of advancement enures in favour of the child, the father lacks legal capacity to sell the property in dispute to a third party.…

Mesne profit is only another form for damages.

Pleadings determine the way an action will succeed or fail. Being the threshold that determines the facts, it makes for justice and fair play for their…

A plaintiff may file a reply but shall raise no new ground of claim or contain allegations inconsistent with previous pleadings. However, where a defendant pleads…

It is a basic principle of law that in a claim for damages for trespass to land, the plaintiff, to succeed, must establish exclusive possession of…

Decree No. 33 of 1976 has no retroactive effect and did not affect acquisitions published before its enactment. The Decree is effective and relevant only to…

Expropriatory statutes encroaching on proprietary rights must be construed fortissime contra preferentes — strictly against the acquiring authority but sympathetically in favour of the citizen. There…

Payment of money to radical title owners coupled with effective physical possession gives rise to a good equitable interest and/or title to the land in favour…

Persons in exclusive physical possession of land for agricultural purposes in a non-urban area immediately before the commencement of the Land Use Act are deemed holders…