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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Registration Act, 1908, Section 17 -- Registration - Consent decree passed by Court declaring a party owner of land, does not require registration...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Family Courts Act, 1984 -- Consent decree - Term family does not connote narrow perception so as to exclude everybody, except son and daughter - Even close family relations are considered to be family members at least for the purpose of transferring certain rights in favour of members of family out of love and affection and on account of services having been rendered by..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Family Courts Act, 1984 -- Consent decree - In favour of real brothers son who had been serving him - Challenged by daughter - Daughter living separately with her husband - There is no bar to transfer rights in Joint Hindu Property in favour of close family friends with his free consent - Decree was passed before coming into force Act No.39 of 2005 - Daughter has no locus..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption of son by husband - Without consent of wife - Plea of renunciation of relationship - Plea rejected, as renunciation is of world and not of a relationship - Admittedly, there is no decree which would show that relationship of husband and wife between adoptive father and his wife had ceased to exist - Moreover,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Practice and Procedure -- Plaintiff cannot take advantage of weakness in defendants case to get a decree - Plaintiff has to prove its own case...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Court Fees Act, 1870, Section 7(iv) -- Court fees - Suit for declaration - Relief of possession not sought as plaintiff claiming himself to be in possession - Plaintiff to value the relief of declaration u/s 7(iv) of the Act and there is no need for an ad valorem Court fee on a valuation of suit property. (Para 4) Civil Procedure Code, 1908, O.7.R.11 - Rejection of plaint..........

KARNATAKA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement - Decree passed in ignorance of death of sole defendant - Defendant died during the pendency of appeal and his LRs were not brought on record - Though Court is empowered to exempt plaintiff from necessity of substituting LRs of defendant but such an exemption can be granted before the judgment is pronounced and..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - It is for Court to decide whether there was any ground for re-hearing of appeal because ex parte judgment and decree - For that purpose, Court is to see whether notice was duly served or that applicant was prevented by sufficient cause from appearing on the date of hearing and if Court thinks so, it..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........

Showing : 1131-1140 of 6492 Results