Showing : 21-30 of 166 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 8, Income Tax Act, 1961, Section 2-- Partition suit - Right of step-son of deceased coparcener in joint family property - Expression `son' - Contention that Income Tax Act being a central Act, definition of child thereunder must be read into Hindu Succession Act, which is but another central Act - Held, there is no such law..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Partition-- Joint family property - Right of widow to claim partition - Defendants asserted that plaintiff widow deserted her husband and therefore she lost her right to claim partition - However, reason why plaintiff left the house is not forthcoming in evidence of defendants - Evidence on record shows that..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Hindu Law-- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the..........
DELHI HIGH COURT
Year of decision: 2017
Details
Suits Valuation Act, 1887-- Joint Hindu Family Property - Limitation - Law of limitation does not per se prescribe any fixed time or period for filing a suit for partition in case of joint family property or jointly owned properties - Suit for partition not barred by limitation...........
PATNA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 1, 2-- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to..........

Showing : 21-30 of 166 Results