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Results of joint property

Showing : 591-600 of 764 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Civil Procedure Code, 1908, Order 14, Rule 5 -- Issue - Not framed inspite of a specific plea that property in question was a joint Hindu Family Property - Appellant participated in the trial without any protest and with complete knowledge of the controversies arising in the case - No application was filed for framing of additional issue - Parties led evidence to prove..........

RAJASTHAN HIGH COURT

Year of decision: 2001
Details

Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Principle of relation back - If on the date of adoption the family still continues to be joint and owns joint family property, the adoptive child would acquire an interest in the joint family property and the same would not have the effect of divesting the surviving coparceners - Joint Family property of..........

BOMBAY HIGH COURT

Year of decision: 2000
Details

Limitation Act, 1963, Article 110 -- Joint Family property - Exclusion therefrom - Right to enforce - Limitation 12 years - Begins to run when the exclusion becomes known to plaintiff - There has to be a positive act or conduct by which the exclusion from joint family property becomes known to plaintiff...........

DELHI HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Alienation of Joint Hindu Family Property - Suit by son - Not maintainable - Karta cannot be restrained from alienating the property as a coparcener has adequate remedy to impeach the alienation made by the Karta...........

MADHYA PRADESH HIGH COURT

Year of decision: 2000
Details

Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Joint Hindu Family Property - Minor having undivided share in the property - Sale of property by father - S.8(2) is not applicable...........

RAJASTHAN HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for cancellation of sale deed - Amendment sought merely describing property as purchased from Joint Family Funds - Amendment not inconsistent nor introducing new cause of action - Amendment allowed...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Co-owner -- Rights and liabilities - (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of the joint property by one co-owner is, in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - An equitable relief - It is a relief of discretion - Discretion should not be used in favour of a person who approaches the Court with soil hands; who tries to by-pass the law; who conceals material facts; who wants to take undue advantage of his alleged or supposed rights or who wants to deal with the joint..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owner - Cannot change the nature of joint property by raising construction detrimental to the interest of other co/owner/co-sharers...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-owners - No partition effected - Defendant wanted to oust the plaintiff by raising construction - Defendant restrained from raising construction till disposal of suit - Defendant directed not to change nature of property as rights of co-owners were still joint and indivisible...........

Showing : 591-600 of 764 Results