Showing : 461-470 of 1381 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111-- Partition proceedings - Clubbing of partition applications - Land is situated in different revenue estates - Held, application for clubbing of partition application is not maintainable because there would not be any fragmentation of holding as separate khewat would be prepared in separate revenue..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111-- Partition - Land was partitioned way back in the year 1996 - Exchange deed indicates that allotment of land is going to be made to appellants and respondent No.4 as per their possession which is shown in Aks Shajra - Parties are in settled possession of their respective blocks of land - Mode of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Court Fees Act, 1870, Section 7(iv)(c)-- Court fee - Suit for partition - Plaintiff not in actual or construction possession - Court fee payable is ad valorem on market value of share of plaintiff in suit property and not on market value of entire suit property - Plaintiff cannot be directed to approach revenue authorities to determine..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6- - Coparcenary property - Death of male Hindu - Devolution of interest - Held, S.6 pertains to devolution of interest of deceased male Hindu in coparcenary property when he had left female relative specified therein and does not pertain to devolution of whole of coparcenary property he was holding..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111, 20(3)-- Partition - Service of summon - Held, personal service in partition proceedings is sine qua non and in case of refusal, summons may be served by pasting copy thereof on outer door of house of person to whom it is addressed...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Benami Transactions (Prohibition) Act, 1988, Section 4(3), 3-- Benami property - Deceased husband of plaintiff purchased property in name of his brother as Benamidar - Suit for declaration, partition and injunction filed by plaintiff in respect of suit property - Held, suit is hit by S.4 of the Act as it is not the case set up by plaintiff that suit property..........
ORISSA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Partition suit - Bar U.O.22.R.9 CPC - Held, unless there is previous partition, plaintiff in a previous suit, which has abated due to no, substitution of defendant or defendants, can himself also bring a subsequent suit for partition - So long as there has been no division of joint property by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 118(2)-- Sanction of mode of partition - Review of - Maintainability - Held, if an order is appealable, before appeal is filed, remedy of review can be availed especially when it is found that there is an error of fact apparent on face of record - In present case, since review application has been filed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111-- Partition - Quality of land - Held, merely because objectors were in possession of land adjoining road, they cannot be given entire land on road, because as per mode of partition, partition was to be effected while taking into account quality of land...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Construction raised by plaintiff or his predecessor existing in the suit property - Depicts plaintiff in prima facie long established possession - Plaintiff cannot be dispossessed therefrom in execution of partition decree - However, in execution thereof he may take symbolic..........

Showing : 461-470 of 1381 Results