Showing : 51-60 of 80 Results

BOMBAY HIGH COURT
Year of decision: 2008
Details
Specific Relief Act, 1963, Section 21, 22-- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37-- Joint land - Suit for permanent injunction by co-sharer restraining the other co-sharer from raising construction over the suit property - Construction raised by defendant - Plaintiff not entitled to any relief - Co-sharer cannot raise construction so as to affect the rights of the other co-sharer..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse Possession-- Partition suit - Ouster of co-sharer pleaded - Implies acknowledgment of title of co-sharer - Plea of ouster not established - Title of other co-sharer must be held to have been accepted...........
KERALA HIGH COURT
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 92-- Mortgage - Redemption - Co-owner - A co-mortgagor by redeeming the mortgage in its entirety, cannot claim a right higher than what he had otherwise, faced with a claim for partition by the other co-owner - In such a suit the right of redeeming co-mortgagor is only to plead contribution and not to..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Adverse Possession-- Suit for declaration of title on the basis of adverse possession - Co-sharer claiming adverse possession of the joint land - Co-sharers presumed to be in possession unless contrary is proved - Mere assertion of title by in itself not sufficient - Intention of possessing (animus possidenti) to be..........
BOMBAY HIGH COURT
Year of decision: 2006
Details
Hindu Succession Act, 1956, Section 6, 8, Hindu Adoptions and Maintenance Act, 1956, Section 19(1)-- Joint Family Property - Suit for partition and possession of share of deceased husband who died being a member of the joint family - Father-in-law and other co-parceners in possession of joint family properties - Held, wife of one of the deceased co-parceners is entitled to right of maintenance as..........
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..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 18, Rule 2-- Partition suit - Certain defendants supporting the case of plaintiff - Whether they should begin their evidence first in preference to other defendants who do not support the plaintiff's case? - Held, No - None of the parties in the suit for partition can be said to have the claim against other -..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Receiver - Partition suit - Contesting respondents in possession and management of properties of firm - Appointment of a stranger as a receiver would not be in the interest of either party and would occasion injustice - Respondents appointed as receivers pending disposal of suit - This is subject..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Hindu Succession Act, 1956, Section 20-- Release deed executed in favour of father and other members of family by receiving a certain amount - Release deed executed when child was in womb of mother - A child in womb of mother acquires a right to claim partition - Father could not relinquish right of minor child who was in the womb of his..........

Showing : 51-60 of 80 Results