Showing : 521-530 of 1394 Results

GUJARAT HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113-- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the property is..........
DELHI HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 52-- Warrants of possession - Objections - Suit for partition, declaration and permanent injunction decreed - Execution proceedings - Objection of JD that a registered power of attorney has been executed in his favour authorizing him to manage and take care of suit premises and thus he is not liable to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Hindu Law -- Joint family property - Partition - Merely because father of joint family retains a larger share coupled with liabilities, it cannot be said that partition is not bonafide as he has got about four daughters to be married...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Hindu Law -- Joint family property - Partition - All family members are bound by partition effected earlier by a registered partition deed between the family members and karta, so long as it is not cancelled and when no relief is sought for its cancellation in partition suit filed by them...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 96, 2(2), 151, Court Fees Act, 1870, Section 7(iv)(b)-- Deficient court fee - Partition suit - Trial court directed that before preliminary decree is drawn, plaintiff shall make good deficiency in court fee - Deficit court fee was not paid - Appeal filed against aforesaid order - Maintainability - Held, legally no decree was in existence - Plaintiff..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Preliminary issue - Issue as to whether unregistered document was admissible in evidence and whether it was partition or mere memorandum of partition, require evidence for its decision and cannot be decided as preliminary issue...........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Hindu Succession Act, 1956, Section 11, 16, Hindu Marriage Act, 1955, Section 16-- Suit for partition - Illegitimate child - Right to property - There are materials on record to indicate that suit schedule immovable properties belonged to late "C" - Not in dispute that he had died intestate - Held, second plaintiff being his daughter would be entitled to a share in the..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64-- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
KERALA HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99- - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed against tenant on the strength of final decree for partition -..........

Showing : 521-530 of 1394 Results