Showing : 41-50 of 87 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Cause of actions - Joining of - Contention that suit would be bad for multifariousness as different causes of action regarding dissolution of firm and rendition of accounts on one hand and partition of individual property of plaintiff and defendant No.2 on other hand have been joined - Held,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Partnership Act, 1932, Section 14, 42-- Property of partnership firm - Dissolution of firm - Partition thereof - Plaintiff claimed distribution/partition of disputed shop in suit along with other reliefs - Plaintiff alleged disputed shop also to be asset of partnership firm - However, it has been proved that plaintiff and defendant No.2..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 24, 26-- Partition suit - Transfer of - S.24 CPC cannot be pressed into service to transfer the suit to a Court, which does not have a semblance of jurisdiction, pecuniary, territorial, subject-matter, or otherwise - It is in rare cases, such as, where threat to life of one party or the other is strongly..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Partition suit - Held, filing of an application for temporary injunction by one of the defendants, in a suit for partition is a rarity, though not prohibited - In a given case, one of the defendants can convince Court and seek injunction against plaintiffs, or other..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Consent decree-- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was..........
PATNA HIGH COURT
Year of decision: 2011
Details
Hindu Law -- Joint family property - Partition suit - Maintainability - In partition suit, plaintiff failed to prove unity of title and possession - Registered sale deeds by other co-sharer in respect of suit properties executed long time before have not been challenged in spite of knowledge of such sale deeds..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Suit for partition - Purchaser from a co-sharer - If his sale deed is not challenged on any other ground, is entitled to be made party in the suit for the reason that he cannot be allotted a share behind his back to which he may not agree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Co-owner-- Co-owners in possession of several separate parcels under an arrangement consented by others cannot be disturbed by other co-sharers except by filing a suit for partition - A co-sharer, in exclusive possession of a specific portion with the consent of other co-sharers, can use that portion..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Co-sharers-- A co-sharer, who is not in actual physical possession of a parcel of the and, cannot claim any injunction against the other co-sharer - Remedy available is either a suit for partition or to get a decree of joint possession...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Land Revenue Act, 1887, Section 17-- Suit for partition filed by one co-sharer before Asstt.Collector Ist Grade - Other co-sharers raised dispute regarding title of land - Asstt. Collector directed parties to get the title decided from Civil Court - However, order of Asstt. Collector not a speaking order as it was bereft of reasoning..........

Showing : 41-50 of 87 Results