Showing : 471-480 of 1635 Results

JAMMU AND KASHMIR HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Claim of applicants based on their independent interest as successors-i, title of suit property not on the strength of a contract in respect of which present suit for specific performance has been instituted - Applicants are neither..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Joint property -- Sale of joint property without there being any family partition - Purchaser at the most will take joint possession along with other co-sharers...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Partition -- Co-sharers, coparcener, co-owner or joint owner - Factors to be taken into consideration by Court while deciding the suit : (1) the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties,..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31-- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said..........
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..........
PATNA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 50-- Proof of relationship - Partition suit - Plaintiff claims to be daughter of owner of suit property - Evidence of witnesses who are of same village that owner of suit property had two daughters and plaintiff is one of them, is admissible - These witnesses had special means of knowledge regarding..........
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..........

Showing : 471-480 of 1635 Results