Showing : 441-450 of 680 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 9, Evidence Act, 1872, Section 101-- Suit for partition - Plea that suit is not maintainable without adding or joining all the properties of the joint family - No concrete pleading or proof - Held, there were no other properties except those mentioned in the plaint as such the suit is maintainable...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Evidence Act, 1872, Section 101, 106-- Burden of proof - Plea that all joint family properties not joined in the suit for partition - Burden of proving the facts specially within the knowledge lies on him to prove the said fact...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31-- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31-- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22-- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree - Principles of natural..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Will-- Postponement of date of vesting of legacy - Testator gave 50% of the dwelling house to the brother and 50% to her sister and after the death of sister said brother was entitled to occupy the house absolutely - Thus only life interest was created in favour of sister - Suit of partition was..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Joint Family Properties - Suit for partition - Whole of properties not included - Second suit for partition of left out properties - Not barred U.O.2.R.2 CPC. - A portion of the joint property when excluded from partition by mistake, accident or fraud then such property remains to be the joint..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 21, 22-- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Subsequent suit - Plea of private partition available but not taken in written statement in earlier suit - Such a plea cannot be taken in the subsequent suit for possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41-- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff..........

Showing : 441-450 of 680 Results