Showing : 1-10 of 121 Results

PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of receiver using the property since the death of receiver - It is thus, just and convenient to appoint son of receiver as receiver - Direction issued...........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Once the applicants were aware of pendency of matter and were represented by a counsel, applicants cannot be held did not have notice or they were prevented by sufficient cause from appearing - Application..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 21-- Recall of judgment - Ex-parte decree - Non-joinder of legal heirs - Suit for declaration - Plea as to applicants were not sent notice regarding pendency of first appeal - Vakalatnama found to have been filed by applicants in first appeal - Advocate categorically stated that applicant met him and..........
PATNA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 123-- Gift - Self acquired property - Gift deed executed by one of coparcener of his self acquired property to his brother i.e other co-parcenar/donee is a valid document - Merely because consent of minor son of donee was not taken, would not render gift deed invalid, as minor co-parcenar was under..........
PATNA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title and confirmation of possession - Plaintiff not in possession of suit land on the date of institution of suit - Held, suit is not maintainable in absence of specific prayer for recovery of possession as required by S.34 of the Act...........
PATNA HIGH COURT
Year of decision: 2017
Details
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A-- U, registered agreement to sell - Part performance - Possession of suit property not given to plaintiffs - S.17(1-A) of Registration Act, therefore, is not applicable - Moreover, agreement for sale was executed in the year 1995, whereas, amendment in S.17 of Registration Act, which makes agreement..........
PATNA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to..........
PATNA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants -..........
PATNA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8-- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
PATNA HIGH COURT
Year of decision: 2017
Details
Succession Act, 1925, Section 276-- Will - Probate - Daughter-i, law of testator was given limited interest under Will - Mere fact that daughter-i, law admitted herself as absolute owner gifted the property to third party, is no ground for seeking grant of probate by legatees, as they can file separate suit for setting aside gift..........

Showing : 1-10 of 121 Results