Showing : 41-50 of 59 Results

SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition proceedings - Final decree in the first instance can be passed - Preliminary decree U.O.20.R.18 CPC not necessarily required to be passed - Final decree in the first instance can be passed if the rights of the parties are finally determined and no further inquiry remains to be held for..........
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 59 Results