Showing : 521-530 of 1381 Results

MADRAS HIGH COURT
Year of decision: 2012
Details
Easements Act, 1882, Section 15-- Easement by necessity - Right to use cart track given by way of grant in partition deed - Cart track passed through lands of defendants and used by plaintiffs to reach to their property - Use of cart track admitted by defendants - Usage of such cart track was more than 20 years - Therefore, there..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Will-- Genuineness and validity - Fact that propounder was present at the time of execution of Will and that nothing was given to respondent Nos.1 & 2 - Not decisive of the issue relating to genuineness or validity of the Will - Respondent Nos.1 & 2 separated after taking their share at the time of..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Hindu Law-- Seeking separate possession in Joint Hindu Family Property - Held, even though, coparcener would have interest in coparcenary property by birth but he would not be entitled to separate possession of same unless partition takes place...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 54-- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 9-- Written statement - Suit for partition - Amendment of written statement - Proposed amendment is nothing but a further clarification about partition, pleaded in the original written statement and that items of suit schedule property relating to each of the defendants are shown in detail in the..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Hindu Succession Act, 1956, Section 6-- (As amended) Partition - Mesne profits - In absence of any pleadings and proof and in absence of any enabling legal provision to award mesne profits in a suit for partition, plaintiff is not entitled to mesne profits or maintenance...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 17-- Territorial jurisdiction - Partition suit - Suit properties situated in territorial jurisdiction of three different Courts - Held, in view of S.17 CPC, suit could be instituted in any of said three Courts - Accordingly, suit instituted at Ambala which has territorial jurisdiction over part of suit..........
KERALA HIGH COURT
Year of decision: 2012
Details
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2)-- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2),..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Land Revenue Act, 1887, Section 111-- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100, Punjab Land Revenue Act, 1887, Section 111-- Private partition - Concurrent finding of fact - Second appeal - Concurrent finding of fact recorded by both Courts below rejected plea of plaintiff regarding private partition - Said finding of fact is based on proper analysis and appreciation of evidence led by both parties - Held, said finding..........

Showing : 521-530 of 1381 Results