Showing : 471-480 of 1394 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7- - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as such daughter cannot..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Pendente lite purchaser - Partition suit - A pendente lite purchaser should be given an opportunity to protect his rights - He is entitled to be impleaded in suit or other proceedings where his predecessor-i, interest is made a party to litigation - He is entitled to be heard..........
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..........

Showing : 471-480 of 1394 Results