Showing : 141-150 of 822 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Merely because trial Court may proceed to decide application of plaintiffs U.O.12.R.6 CPC, that may not be reason for not allowing proposed amendment to written statement, particularly when amendment sought to elaborate certain facts and to bring..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 456-- Discharge - Lurking house trespass - Accused entered into room in possession of complainant through window - Police submitted charge sheet against accused - Merely because suit for partition filed by accused regarding disputed property is pending, it does not give him right to forcefully enter..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 6(as-- Coparcenary property - Partition suit - Right of daughters - Suit filed in 2002 - However, during pendency of suit, S.6 of the Act amended, as decree passed in the year 2007 - Rights of daughters got crystallized in the year 2005 - Since deceased died leaving behind two sons, two daughters and a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Partition suit - In the absence of necessary parties, i.e. non joining of five sisters in suit, no preliminary decree could be passed, declaring rights of plaintiff - Therefore, suit qua properties No.1, 2 fails for want of no, joinder of necessary parties...........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 23(as-- Effect of amendment on pending cases - Suit filed by Hindu widow in 1999 - Bar created u/s 23 of the Act on right of woman to seek partition was removed in 2005, without a saving clause in favour of pending proceedings - S.23 of the Act thus, no longer applicable to pending cases before amendment..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 15(2)(a)-- Succession - Female Hindu dying intestate and issueless - Property inherited by female from her father - Her husband cannot inherit her property - Property will devolve upon legal heirs of her father - Husband thus, has no cause of action to file suit for partition of said property - Suit..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 8, General Clauses Act, 1897, Section 3(57)-- Succession - Partition suit - Right of step son in ancestral property of a Hindu male dying intestate - Expression `son' has not been defined under Act of 1956 and the definition of `son' u/s 3(57) of General Clauses Act, includes only an adopted son and not a step son - Therefore, son of wife of..........

Showing : 141-150 of 822 Results