Civil Procedure Code, 1908, Order 1, Rule 1, 3 -- Joint trial - Question to be essentially considered is whether the issues framed in both suits are intricately connected with each other and if separate trial is conducted, whether there is any chance of conflicting decisions, on the issues separately framed in both suits...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3 -- Joint trial - Issues intricately connected - Even if, the reliefs sought for are different, if the issues framed in one suit would come ancillary or corollary to the issue framed in the other suit, certainly, both issues must be tried together - Otherwise, if the main issue framed in one suit is determined earlier, the..........
Hindu Law -- Ancestral property - Sale in public auction to clear family debts - Purchase of property by members of joint family - Property becomes their self acquired property - Property lost its character as an ancestral property...........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy available is to acknowledge the..........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
Central Excise Act, 1944, Section 6, 12, 37, Central Excise Rules, 1944, Rule 57AB(1C), Cenvat Credit Rules, 2001, Rule 3(4) -- CENVAT credit - Upon reading of tripartite agreement between supplier of pellets and IMIL, it is clear that transfer of iron ore pellets was purely transfer of raw materials between two sisterly units under joint procurement policy - Cannot be..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-sharers - Undivided property - Without partition no party can claim exclusive right on any particular portion of it - Since plaintiff and defendant have been held in joint possession of disputed undivided property, therefore without partition no party can claim exclusive right on any particular portion of it -..........
Specific Relief Act, 1963, Section 34 -- Suit claiming joint ownership on basis of natural succession - Inheritance never remains in abeyance - Plaintiffs deemed to be in possession of every inch of joint land - Plea of defendant that suit filed by plaintiffs is barred by limitation for their failure to challenge mutation within period of 3 years from date of its sanction,..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration seeking declaration/joint possession on the plea that property at the hands of father is co-parcenary and ancestral in nature - Excerpt or pedigree table not brought on record - Person being fourth generation in lineage can assert right by birth - Three generation preceding to person are required to succeed to..........
