Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while deciding application exceeded its jurisdiction and ventured into merit of case by holding that plaintiff was not in joint possession of suit schedule property and she should pay court fee - Such direction that too at the threshold is totally unwarranted and beyond jurisdiction, hence set..........
Hindu Succession Act, 1956, Section 8, 19 -- Property of Hindu male - Succession - Widow and four daughters of deceased received suit properties as his heirs - They take their individual shares as tenants in common - In the absence of suit properties being joint, there was no question of widow acting as a manager or Karta of family - Widow had no right to deal with suit..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Mere raising of construction on joint property by one of co-sharers cannot be termed to be an act of ouster of other co-sharers - Injunction rightly denied...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Partition suit -- Ancestral property - No document or oral evidence led to show existence of any Joint Family Property or nucleous - Both the Courts concurrently held that there is no iota of evidence to show that suit property is ancestral property of plaintiff to be divided along with her father - Mere plea that suit properties are ancestral property of plaintiff and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendants by way of additional evidence are attempting to make out case that some of suit properties are purchased by them and they are their self acquired properties - However, no such plea was raised before trial Court as per written statement - There is even no..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Monthly income of husband after deduction is Rs.42,492/- - Husband also owns a plot and has a share in joint ancestral agricultural land - Permanent alimony of Rs.10,00,00/- in full and final settlement, awarded to wife...........
Suit for possession -- Exclusive possession can be granted where joint possession of party resisting dispossession is not based on some kind of a right or title, but a mere licence of course subject to its valid revocation...........
Suit for possession -- Plaintiff's title to suit property has been accepted by both the Courts below - No evidence to show a case of joint possession between plaintiff and defendants based on title properly except a licence - If on revocation of licence validly made, defendants could be removed from possession, there is no joint possession inferable by any principle of..........
