Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent has to subsist from day one of filing of joint petition by the parties till the decree of divorce is passed by Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife at the stage of second motion - Consent has to subsist from day one of filing joint application till decree of divorce is passed - Rejection of joint petition for divorce by mutual consent, upheld...........
Specific Relief Act, 1963, Section 13 -- Readiness and willingness - Suit for recovery of earnest money - Allegedly, original owners were also not exclusive owners of specific khasra numbers which defendant agreed to sell - Even, they were also recorded to be owner of only share in joint holding with their co-sharers - Therefore, without getting partition of property any..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, separate possession and permanent injunction - Suit property claimed to be joint property by plaintiff - However, after examining mutation and jamabandis, Court recorded a finding that there were certain entries in mutation from where it is evident that portion of suit property was self acquired of..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a judgment of US Court,..........
Civil Procedure Code, 1908, Section 20, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Leave to defend - Territorial jurisdiction - Joint motion/judgment of US Court - Plaintiff in his plaint not pleaded any business of defendants within territorial jurisdiction of this Court or even given the place of residence of defendant No.1 - Without plaintiff being able to..........
Specific Relief Act, 1963, Section 38, 39 -- Co-shares - Suit for permanent and mandatory injunction - Restraining defendant/co-sharer from raising construction on suit land and also from blocking path - Joint land - Suit land is recorded as Abadi deh and jointly owned and possessed inter se parties - Evidence on record proved that defendant is trying to raise construction..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Family Courts Act, 1984 -- A stranger/outsider to family can be given a share - Family settlement or arrangement need not be necessarily among members of joint family having a right of succession - But such arrangement must be fair and bonafide...........
