Showing : 541-550 of 1571 Results

ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 5-- Family settlement/partition - Held, even if some members of family were not present but if by their conduct or otherwise they have acquiesced to such family settlement same would be binding on all members...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Northern India Canal and Drainage Act, 1873, Section 30A, 30B, 30C-- Water course - Sanctioning of - Joint property - Respondent No.3 is co-owner with petitioner - Held, he cannot seek for sanctioning of water course over joint property without concurrence of petitioner who is co-owner - If concurrence is not obtained then it should only be after securing partition..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family - Partition - Can be given effect orally or in writing also...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family - Partition - Property becomes a separate share of the members constituting joint family - It would continue to constitute corpus of joint Hindu family property and shall be in ownership of all members of family though Karta has right to enter into transaction, as may be..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 117-- Partition - Title - Held, if during partition proceedings, a question of title arises, S.117(1) requires revenue officer, to reject application till decision of question of title or to decide question himself - Thus, where a civil suit is pending, revenue officer shall pass an order keeping..........
DELHI HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of partition suit - Permissibility - Plaintiff herself wanted partition - Substantial part of evidence has already been recorded - Suit is almost at final stage thus, same has to be determined on merit - Defendant No.1 is claiming 50% claim in suit property - He has some rights in..........
BOMBAY HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 47-- Final partition decree alleged to be inexecutale being vague - Commissioner had suggested two options in his report to divide the property - Trial Court left the exercise of selection of the option to the stage of execution - That does not render the decree vague...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 9, Rule 13-- Partition proceedings - Ex parte decree - Setting aside of - Held, no body should be condemned unheard - In present case, Assistant Collector, 1st Grade violated basic rule of audi alterm parterm while passing ex-parte order - Revenue authorities i.e. Collector, Commissioner as well as Financial..........

Showing : 541-550 of 1571 Results