Showing : 41-50 of 58 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Compromise decree in partition suit allotting specific parcels to parties and effecting partition by metes and bounds - Not a preliminary decree but final decree in the suit - Decree not engrossed on requisite stamp papers - Will not in any way affect interest of parties in respect of properties -..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 97-- Suit for partition - Preliminary decree passed - No appeal filed by aggrieved party - Held, it is not open to such aggrieved party to raise the contention that he was a tenant of the suit premises at the time of passing of the final decree...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14-- Suit for partition - Valuation of the property - Ordinarily it has to be the date of passing of the final decree and not the date of filing of the suit for partition - The actual partition is effected by passing of the final decree as such valuation has to be on the date of final decree...........
ALLAHABAD HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Suit for partition - Exparte preliminary decree - During pendency of application to set it aside final decree passed - Held, if exparte preliminary decree is set aside then final decree automatically goes...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Partition Act, 1893, Section 4-- Applicability of the Section - Before S.4 can be pressed into service it must be shown that stranger transferee himself moving for partition and separate possession either as a plaintiff or as a defendant - Suit for partition and separate possession by a family member - Stranger transferee of a..........
MADRAS HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 20, Rule 12, 18-- Mesne profits - Partition - Preliminary decree - Executing Court can grant relief only if it is granted in the final decree - Preliminary decree is only a general declaration of rights of the parties - Only final decree can be executed - If the claim of mesne profits is neither enquired into nor..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Final decree (drawing up of) in partition suit after a preliminary decree passed - A continuation of proceedings - Period of limitation - Will not come into play - Preliminary decree when passed for partition - Court not only declares rights of parties but duty bound after further act is done, to..........
DELHI HIGH COURT
Year of decision: 1998
Details
Court Fees Act, 1870, Article 17(iii)-- Schedule II - Payment of ad valorem Court Fee or Stamp duty - Separation of shares in terms of relief sought for on account of rendition of accounts - Would arise only after final decree passed and claim for partition and his entitlement in claim for rendition of accounts is determined...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 47, 151-- House - Partition - Final decree - 2/3rd share given to D.H. and 1/3rd share to first J.D. as per report of Commissioner - In execution proceedings J.D. raising objection that decree is inexecutable as suit property is incapable of partition and separate possession - Held, application of J.D...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Final decree - No prohibition in passing any number of final decrees...........

Showing : 41-50 of 58 Results