Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - There is no concept of vicarious liability of partners as such in case of a partnership firm - Liability is joint and several because a partnership firm is business of partners and one cannot proceed against only the firm without partners being made liable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Liability of partners along with partnership firm is joint and several, even in absence of a partnership firm being proceeded against by complainant by issuance of legal notice as mandated u/s 138 of the Act or being made an accused specifically in a complaint filed..........
Foreign Marriage Act, 1969, Section 17 -- Marriage - Registration - Even if a marriage is not registered under Foreign Marriage Act, it can still be treated as valid marriage under Indian law for interim purposes, particularly when party asserting marriage supports it with documents such as photos, proof of residence, joint account or correspondence...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Revenue records reflected joint ownership of suit land - Defendant admitted family settlement and plaintiff's exclusive possession of portion of suit property - Defendant's unambiguous acknowledgement of family arrangement carried decisive weight in upholding plaintiff's claim - Courts below..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Benami property - Plaint allegations all through describe the suit properties as Joint Hindu Family properties and that they have been purchased either from the nucleus of Joint Hindu Family property or the income derived from joint family business - Properties are not described as benami in the name of..........
Joint Hindu Family -- Suit property was not joint Hindu Family coparcenary property - Nothing on record to even remotely suggest that property was coparcenary property in the hands of plaintiffs - Suit for declaration that plaintiffs are owners in joint possession rightly dismissed...........
