Hindu Law -- Joint family property - Partition suit - Plaintiff failed to prove that suit property was purchased out of joint family fund and further failed to establish that prior to purchase of suit property there was a nucleus - Suit property is self acquired property of grandfather of plaintiff - Plaintiffs thus, failed to prove that suit property is joint family..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account - Wife and other two accused do not constitute a Company or a firm or Association of individuals as contemplated u/s 141 of N.I Act - Proceedings so far it..........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Joint Family Property -- In absence of any cogent and relevant evidence to indicate existence of common nucleus, joint family, use of funds to create suit property, it cannot be said that suit property is of a joint family merely because parties are related to each other that too in second degree...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of four complaints - Joint petition for quashing of four complaints and four separate orders directing issuance of process against accused, is not maintainable - Petition for quashing dismissed...........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan in the joint name of husband and wife - Cheque issued by husband who was a co-borrower - Non impleadment of wife is of no consequence as far as these proceedings are concerned - Being co-borrower husband is under liability to discharge liability for which he issued cheque and same was dishonoured...........
