Showing : 71-80 of 741 Results

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..........
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
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - It is not possible to give effect to partition decree without sketch map of suit scheduled property...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - Plaintiff sought partition of suit property in terms of plan produced by him - As such, plaintiff cannot be permitted to say that map produced was not the map filed by him - Court at the time of passing decree should have made said map as a part of decree so that..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree..........

Showing : 71-80 of 741 Results