Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Stay granted merely to ensure appearance of DH before Appellate Court - Not a ground for stay of execution proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution proceeding - Any stay granted U.O.21.R.26 CPC is not permanent rather same is for a reasonable period...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - For applicability of provision of O.21.R.29 CPC, two conditions are to be met: (i) a proceeding in execution of decree of that Court has started at the instance of DH against JD and (ii) suit at the instance of same JD is pending against holder of decree of that Court...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Transferee Court has no power U.O.21.R.29 CPC, to stay execution of decree pending in its Court, where decree has not been passed by that Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Power of Attorney Act, 1882, Section 2 -- Special Power of Attorney - In relation to the properties/land owned by the executor - Special Power of Attorney covers the properties owned by the principal as on date of its execution and does not cover or extend to properties purchased by executor on a later date...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
