Showing : 61-70 of 239 Results

DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back even when Court has not given specific observation in the concluding paras of the..........
DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court feels inclined to award mesne profits to successful plaintiff in suit for possession..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 21-- Mesne profits - Grant of - Plaintiffs/appellants did not make any averments regarding factum of entitlement of mesne profit to appellants - Further, relief clause in plaint also does not contain any prayer for mesne profits - Held, since plaint is bereft of any pleadings in respect of mesne..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 12-- Mesne profits - Plaintiff did not plead or pray for inquiry of mesne profits - Trial Court directed enquiry in respect of mesne profits - Held, in the absence of any pleadings or prayer in suit, enquiry for mesne profits should not have been directed by Court - Order passed by trial Court quashed..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Hindu law - Joint family property - Partition - There had been a disruption in the joint family many decades ago - There was also separate selling and purchasing of properties, raising separate fund executing Will or executing gift deed - Held, if parties for a long time have independent..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Preliminary decree - There is no impediment in passing of more than one preliminary decrees, if after passing of the preliminary decree and before the passing of the final decree, there is change of circumstances...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Preliminary decree - Decree merely declares rights and liabilities, leaving the actual result to be worked out in further proceedings for purpose of partitioning suit property by metes and bounds between parties - Held, decree passed by trial court is a preliminary decree...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was..........

Showing : 61-70 of 239 Results