Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Constitution of India, 1950, Article 226, Himachal Pradesh Goods and Services Tax Act, 2017, Section 107, 2(4), 83, 5(3), 164, Himachal Pradesh Goods and Services Tax Rules, 2017, Rule 159 -- Writ petition against order of provisional attachment - Availability of alternate remedy of appeal u/s 107 - Appeal available only against decision of "adjudicating authority" which..........
Himachal Pradesh Goods and Services Tax Act, 2017, Section 83, 164, Himachal Pradesh Goods and Services Tax Rules, 2017, Rule 159 -- Provisional attachment - Order passed by Joint Commissioner without affording opportunity of being heard to property holder - Amounts to breach of principles of natural justice - Order, does not indicate any basis for formation of opinion..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Marriage between parties has irretrievably broken down and there is no possibility of reconciliation between them - Approach adopted by Court below in insisting parties to wait for another six months for second motion hearing is totally uncalled for - Impugned order..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Applicant sought his impleadment claiming to be joint tenant of property being son of original tenant - However, application filed after about 10 years from date of filing suit, is only to delay the disposal of suit - Moreover, applicant is neither in possession of suit property nor..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties remained together only for 2 days - They filed joint application for divorce by mutual consent after 1 year of marriage - Court passed a decree of judicial separation instead of a decree of divorce by mutual consent - Trial Court observed that period of their staying together is short and that it..........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Hindu Law -- Joint Hindu Family - Cannot be presumed to be in existence only on basis of Ration Card unless there is evidence that funds of joint Hindu Family were invested in business in tenanted premises...........
Hindu Law -- Joint family business - Contract of tenancy entered upon by grandfather of plaintiff - Even if grandfather was maintaining family out of income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business - It was the contract of tenancy which was inherited by grandfather of plaintiff who later..........
