Showing : 441-450 of 1576 Results

PATNA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 50-- Proof of relationship - Partition suit - Interested witnesses - Evidence of son of plaintiff is wrongly discarded by Court that he is interested witness as on this ground evidence of a person cannot be discarded in civil cases - Moreover, so far as relationship is concerned he is the best person..........
PATNA HIGH COURT
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Validity - Genuineness or invalidity of registered gift deed cannot be examined in simple suit for partition particularly when no relief of declaration with regard to gift deed has been claimed by plaintiff - Gift deed, held, to be valid...........
PATNA HIGH COURT
Year of decision: 2015
Details
Hindu Succession Act, 1956, Section 15, 16-- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11(a)-- Rejection of plaint - Cause of action - Suit for partition - Sale deed executed by defendant alleged to be illegal, null and void but no prayer made for setting aside said sale deed - Unless sale deed is set aside, no cause of action for partition arises in favour of plaintiff - Plaint is liable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Ad valorem Court fee - If the no, executant/plaintiff of a document transferring the rights in property seeks declaration and is not in possession, he is liable to pay ad valorem Court fee - But at the same time if the said no, executant is seeking possession by way of partition of said property..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 2(12)-- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Law -- Joint family property - Partition - Any co-owner may apply for partition at any time of an ancestral property - Death of earlier co-owner is not material...........

Showing : 441-450 of 1576 Results