Showing : 1-10 of 13 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2)-- Illegal gratification - Accused being Patwari demanded Rs.350 for expenses incurred on preparation of documents for partition - He was not demanding money as bribe - Statements of PWs disbelieved by Court - Receiving of Rs.350 and recovery thereof ipso facto is not sufficient proof of demand -..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Possession - Co-owner in possession - Subsequent purchaser dispossessed co-owner in possession without partition by metes and bounds - When possession is unlawful, illegal and unauthorized then it is no possession in the eye of law - Injunction granted in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Constitution of India, 1950, Article 142-- Exercise of jurisdiction to do complete justice to the parties - Suit for partition - Preliminary decree passed - Auction of property without drawing final decree - Auction sale illegal - Possession not delivered to auction purchaser - Appellant directed to deposit Rs. 18 lacs and interest @ 9%..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Hindu Law-- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Hindu Law-- Pre-partition debts - Sons are liable to pay the pre-partiton debts of the father even after partition under the theory of pious obligation if they are not immoral or illegal and for payment of which no arrangement was made at the partition...........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 1997
Details
Punjab Land Revenue Act, Section 16,111,112,113,114,115,116,117,118,119,120,121-- Revision in partition case - Objection of locus standi of revision-petitioner - At the time of filing revision petition dispute about ownership of property going on between petitioner and his brother and property stood in joint names in revenue record - Revision-petitioner seeks to safeguard..........
FINANCIAL COMMISSIONER, PUNJAB
Year of decision: 1996
Details
Punjab Land Revenue Act, Section 111, 113-- Partition proceedings instituted against some of the dead persons i.e. application for partition mentioned names of dead co-sharers because their names still existed in record-of-rights as co-sharers-Not illegal-No justification for absolute disallowance of partition application-Proper course-To..........
PATNA HIGH COURT
Year of decision: 1989
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Application filed after 7 years - Suit for partition - Proposed amendment to change the nature of suit to a suit for declaration of title as also a further declaration that the sale deed in favour of defendant is void and illegal - Both the parties are purchasers from the..........

Showing : 1-10 of 13 Results