Hindu Adoptions and Maintenance Act, 1956, Section 20(3), 3(b) -- Maintenance to major unmarried daughter - Unmarried daughter is entitled for maintenance from her parents till she is unmarried in case she is unable to maintain herself out of her own earnings or other property...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Rent and Eviction -- Demolition of building - Non-serving of notice u/s 462 of Karnataka Municipal Corporations Act - S.322 of Karnataka Municipal Corporations Act empowers Commissioner for immediate evacuation of property and any person disobeying such orders was to be removed by any Police Officer - Time for complying with the order does not arise in the case of a..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - House in question is of father/respondent - Petitioners being son and daughter-in-law are mere licencees - Specific case of respondent is that he and his wife have no independent place to reside and they have taken accommodation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from raising construction upon suit property - Construction carried out by defendant upon suit property is in accordance with approved plan, as per Municipal bye laws/rules etc. and at the place where defendants old structure earlier existed - There is thus, no dispute between..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
