Showing : 531-540 of 1386 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Hindu Law -- Partition suit - Contempt of Court - Plaintiff filed suit for partition on frivolous grounds claiming rights in self acquired property of first defendant and also in properties which were partitioned long back between him and first defendant - He approached this Court by invoking contempt..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Hindu Law -- Partition - Legality - Partition list was filed asserting that partition of properties took place between plaintiff and first defendant as shown in the list - Held, it is not open for plaintiff to contend that partition mentioned in partition list is not correct and it was not acted upon - If..........
DELHI HIGH COURT
Year of decision: 2011
Details
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23-- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back even when Court has not given specific observation in the concluding paras of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100, 3(1)- - Definition of family - Held, definition of `family' u/s 3(l) of the Act, takes in its fold, the person, his wife and unmarried children - A `joint family' will give rise to several units of smaller families as and when partition or division is effected, whereas a `family' defined in S.3(1) of the..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100, Order 1, Rule 9,13-- Second appeal - Non-joinder of necessary parties - Suit for Partition - Defect of non-joinder of necessary parties cannot be cured by impleading them in appeal and is fatal to suit for partition...........

Showing : 531-540 of 1386 Results