Showing : 531-540 of 1576 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Coparcenary property - Interpretation of - Coparcenary property means property which consists of ancestral property and coparcener would mean person who shares equally with others in inheritance in the estate of common ancestor - Property in the hands of sole coparcenor allotted to him in..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Devolution of coparcenary property - Coparcenar getting interest in ancestral property on partition - Alienated the same - Had no issue at the time of alienation of property - Subsequently son born to him - Son challenged the alienation - Sustainability - Held, son born subsequently cannot..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Undivided share of property of co-owners - S.12 of Specific Relief Act cannot be invoked by vendee to obtain sale of undivided share of co-owners with a right to force partition who were not parties to agreement of sale. (Specific Relief Act, 1963, S.12)...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 1-- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1-- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........

Showing : 531-540 of 1576 Results