Showing : 51-60 of 822 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside..........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96-- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Partition suit -- Plea of relinquishment of share by plaintiff/daughter - Defendant denied the share of plaintiff by relying upon consent letter - Consent letter given for the purpose of entering name of defendant in revenue records - Said consent letter would not amount to a relinquishment of right, title and..........
DELHI HIGH COURT
Year of decision: 2019
Details
Will-- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two..........
DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9)-- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by defendant No.1 and his brother,..........
KERALA HIGH COURT
Year of decision: 2019
Details
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4-- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered as..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6C-- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Partition suit -- Plea of oral family partition taken by defendant - Defendants who asserted said plea failed to establish the same, cannot take a plea that plaintiffs should have approached civil Court for establishing an oral partition when they themselves asserting said plea - Onus was on defendants to establish..........

Showing : 51-60 of 822 Results