Showing : 31-40 of 153 Results

PATNA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 147, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(x)-- Rioting - Conviction - Validity - Land dispute between parties - Pendency of title suit pertaining to disputed land - Victim built house on disputed land and living there with his family - Accused claiming possession over that land - Accused alleged to have formed unlawful assembly, committed..........
PATNA HIGH COURT
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration of title - Property acquired by predecessors of plaintiff and their names were recorded in Municipal Survey Khatiyan - Subsequent relinquishment by two co-sharer in favour of predecessor of plaintiff and rent receipt paid by plaintiff's ancestor to municipality in year 1934..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27-- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition between three brothers..........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Partition suit - Compromise decree - Plea of fraud - Limitation - Held, there is no limitation prescribed for maintaining an application u/s.151 CPC for questioning compromise decree on grounds of fraud...........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 100(5)-- Substantial question of law - Appointment of Mutawali - Original plaintiff filed suit for being appointed as Mutawali of the trust - He died during pendency of second appeal - Whether legal representatives will be entitled for being appointed as Mutawali of the trust? - Held, this is a substantial..........
PATNA HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 5, 34, 38-- Suit for declaration of title, recovery of possession and permanent injunction - Declaration sought that defendant has no right to close windows in wall of house of plaintiff and a direction to remove construction made over suit land and permanent injunction restraining defendants from making any..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 34, Rule 14, Trusts Act, 1882, Section 90-- Redemption of mortgage - Entitlement to - Mortgagee filed money suit and in execution of money decree, mortgaged property was sold which was purchased by mortgagee - Held, relationship of mortgagor and mortgagee continues to subsist even thereafter - His purchase is only in trust for mortgagor -..........
PATNA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3A-- Res judicata - Compromise decree - Applicability of O.23.R.3-A - Suit was filed originally in the year 1965 which was returned for proper presentation - Thereafter suit was filed in the year 1974 - O.23.R.3-A was added by the CPC Amendment Act w.e.f. 1st February, 1977 - Held, on the date of..........

Showing : 31-40 of 153 Results