Hindu Law -- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Abatement of appeal - Relief of declaration sought jointly against two defendants - Death of one of defendants - No application filed for bringing LRs of deceased defendant on record - Decree under challenge is joint and inseparable - Without presence of deceased or her legal heirs, dispute cannot be resolved - Appeal..........
Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Joint consent - There cannot be joint consent of accused - Consent has to be singular - Every accused has right to be told that he has legal right to be searched in presence of gazetted officer or a Magistrate...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards share of profit of joint business - No proof of business or accrual of profit - No proof that amount was outstanding towards accused and was a debt or liability - Court not considered defence that cheque was of the year 2005 and was either retained or stolen by complainant -..........
Hindu Succession Act, 1956, Section 8 -- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this effect...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Impleadment of LRs of tenant - Landlord is not required to implead all LRs of deceased tenants, as interests of all legal heirs who have inherited tenancy as joint tenants can be duly represented by one legal heir who rather acts as an agent of others - Legal heirs are not tenants..........
