Civil Procedure Code, 1908, Order 37 -- Summary suit - Claim besides that within ambit of O.37 CPC - Plaintiff to be ousted on the very first day from proceedings U.O.37 CPC - Mere fact that Joint Registrar entertained suit will not come in the way of Court now to correct the mistake...........
Mohammedan law -- Joint property - Alienation of part of property by co-sharer without authority from other co-sharers - Purchaser is not entitled to adjustment of equities in respect of other properties held as tenants in common by such Muslim co-sharers and which have not been alienated to a third person - However, where such co-sharers who alienated specific property..........
Wakf property -- Appointment of Mutawalli - Waqif executed registered wakf deed dedicating properties belonging to himself to his son and so, i, law - So, i, law's, descendents thus, would naturally be waqif's descendents through female line - If waqif had intended to exclude his descendents through female line from succession to mutawalliship, he would expressly state..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Non-impleadment of LRs of deceased plaintiff No.3 - Suit filed for bare injunction on the ground that plaintiffs are joint owners of property - Interest of plaintiff No.3 is therefore, sufficiently taken care by other plaintiffs and he is sufficiently represented by other plaintiffs - There is thus, no..........
Hindu Minority and Guardianship Act, 1956, Section 12 -- Sale of property of minor - Where there was no joint ownership, if any sale of property of a minor had to take place, then a guardian ought to have been appointed...........
Mohammedan Law -- There is no concept of jointness of ownership of properties of deceased Mohammedan - No joint tenancy in Mohammedan law and heirs are only tenants-in-common...........
Injunction -- Dispute of electricity connection - Electric motor connection are installed in land jointly owned by plaintiff and defendant - Joint land has not been partitioned between the parties - Connections in question were installed in joint land coupled with that payment with regard to extension of load was made vide receipts in possession of plaintiff and pass..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - When need as projected by landlord is taken into account, it is seen that they have a huge joint family comprising of two brothers, their respective wives and five children and only two earning members - Landlords have shown bonafide necessity of tenanted premises for purposes of opening..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Domestic relationship - Friend of husband - Allegations of harassment made by wife against friend of husband - Application for domestic violence is not maintainable, against friend of husband, as wife and friend of husband is not in relationship in the nature of marriage, dependent or family member..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11(2), 22 -- Eviction order - Implementation of order - Property of senior citizen - Order of maintenance Tribunal is implemented and possession of house was delivered to mother/senior citizen under a panchnama - Mother is in possession of subject house property - Though daughter-in-law is also living..........
