Showing : 61-70 of 92 Results

SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition -..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Hindu Succession Act, 1956, Section 6-Explanation 1 (As it stood prior, Amendment Act of 2005) - Devolution of interest in co-parcenary property - Ancestral property - Father and son constituted a Mitakshara co-parcenary - Death of father - Suit by two daughters for partition of properties claiming 2/3 share - Devolution of undevided..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Rendition of accounts-- Right of - Available only when relationship between the parties is such that the rendition of accounts is the only relief which will enable the plaintiff to satisfactorily assert his legal right - It is available to a partner of a firm for dissolution of partnership firm and accounts, suit by..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Rent and Eviction-- Partition suit amongst co-sharers - Tenant, if made party in the partition suit, can object to partition if it is shown that the same was not bona fide and made with an oblique motive to overcome the rigors of rent control laws which protected eviction of tenant except on grounds set out in the..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Decree of partition and separate possession of property - Can be granted in addition to decree of specific performance. (Specific Relief Act, 1963, S.22(1)(a)...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Agreement to sell-- Suit for specific performance - Relief in terms of S.22 Specific Relief Act incidental or ancillary to main relief of specific performance and in addition thereto - Ordinarily, proceeding for final decree for partition to be initiated after execution and registration of sale deed and not vice..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 22-- Specific performance of agreement/contract - Grant of relief of possession, partition etc. - (i) In order to avoid multiplicity of proceedings/litigation, plaintiff/vendee can claim a decree for possession and/or partition in a suit for specific performance. (ii) Relief of possession and/or..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - Suit for partition - Limitation of twelve years of execution of decree starts from the date of decree and not from the date when decree is engrossed on stamp paper - Engrossment of decree relates back to date of decree - Proposition that period of limitation would remain..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Specific Relief Act, 1963, Section 6-- Suit for possession - Agreement to purchase two flats between developer and plaintiff - Plaintiff was to make internal changes at his own cost - Developer gave possession of two flats which then consisted of outer walls on four sides without any partition, doors and windows - Plaintiff erected..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Gift of property after passing of preliminary decree but before passing of final decree - Preliminary decree in partition suit passed on 13.2.1978 which was not on stamp paper but defined shares by metes and bound - Final decree drawn, a replica of preliminary decree on 24.5.1979 but on stamped..........

Showing : 61-70 of 92 Results