Showing : 51-60 of 3082 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Custody of child-- Writ petition - Maintainability - Power of High Court in child custody matters in granting writ is qualified only in cases where detention of a minor by a person who is not entitled to his legal custody...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Custody of child-- Writ petition - Maintainability - Death of mother of child - Appellants are sisters and brother of mother of child who do not have any authority to have custody of minor child - Father on the other hand is having legal right to claim custody of child as per S.6 of Hindu Minority and Guardianship..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Custody of child-- Court while deciding child custody cases is not bound by mere legal right of parent or guardian - Paramount consideration for Court ought to be child interest and welfare of child...........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15-- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Amendment sought to incorporate prayer in the suit for declaring Will null and void - Original suit filed for permanent and mandatory injunction and for declaration that plaintiffs are only legal heirs of deceased - In case amendment is allowed, it will change the nature of..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 80-- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6-- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition suit set..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Law-- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Effect of S.52 of the Act is not to render transfer effect during pendency of suit by a party to suit void - But only to render such transfers subservient to rights of parties to such suit and pendente lite purchaser would be entitled to or suffer same legal rights and..........

Showing : 51-60 of 3082 Results