Showing : 91-100 of 1541 Results

DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1-- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their..........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 23, 6(u-- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 23, 6(u-- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed,..........
DELHI HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887-- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Co-sharers-- Suit for partition - Family living separately without recording any family settlement in revenue record - Said separation does not lead to conclusion that property is partitioned by metes and bounds...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition suit-- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17-- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy to a party aggrieved - Impugned order..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Court Fees Act, 1870, Section 7(viA)-- Court Fee - Partition suit - Defendant not denied the possession of plaintiff - Question of Court fee in accordance with S.7(vi-A) of the Act, would arise only when plaintiff's possession is denied - Since there was no denial by defendant as neither an affidavit in support of objection regarding..........

Showing : 91-100 of 1541 Results