Showing : 81-90 of 223 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Plaintiff not found in possession - Still order of status quo passed - Court can pass an order of status quo and restraining alienation of property only when it comes to the conclusion that plaintiff is in possession and there is a threat of the property being sold -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Hindu Law-- Joint Hindu Family Property - Partition - Inheritance after partition - Once there is disruption of Joint Hindu Family Property it looses the character of coparcenary property and its alienation cannot be challenged on the ground of its coparcenary nature...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Family Settlement-- Partition of joint Hindu family coparcenary amongst the coparceners including the Karta that is the father - Family arrangement accepted by all the coparceners - Property ceased to be coparcenary property - When a coparcener takes definite share in the property, he is the owner of that share - He..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Will-- Will or settlement - Language employed in deed 'from this day onwards I and you shall enjoy the land and house without creating any encumbrance or making any alienation whatsoever' - Held, this is an unequivocal creation of right in prasenti - Though the beneficiaries were to become absolute..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Custom-- Curtailing the right of alienation of property by a female with regard to non ancestral property - Unconstitutional - It suffers from the vice of religious and gender discrimination...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Agreement to sell - Suit for specific performance - Plaintiff advanced huge amount as earnest money - Order of status quo regarding alienation of suit property set aside - In case of alienation of suit property during pendency of suit, defendant to inform prospective..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Agreement to sell - Suit for specific performance - Alienation - Substantial amount as earnest money already paid - Temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens - No interference warranted in order of lower..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Joint Hindu Family Property - Sale by Karta - If property is sold by Karta, no injunction can be granted and only course open is to challenge the alienation on the ground of act of bad management. 2003(3) Civil Court Cases 578 followed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this proposition - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Hindu Law-- Coparcenary property - Right of Karta to alienate - Karta has a right to alienate the property for legal necessity as such he cannot be restrained from selling the same - Right to challenge alienation of coparcenary property is available only after sale is complete and no injunction could be..........

Showing : 81-90 of 223 Results