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..........
Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........
Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........
Family Courts Act, 1984 -- Consent decree - In favour of real brothers son who had been serving him - Challenged by daughter - Daughter living separately with her husband - There is no bar to transfer rights in Joint Hindu Property in favour of close family friends with his free consent - Decree was passed before coming into force Act No.39 of 2005 - Daughter has no locus..........
Evidence Act, 1872, Section 9 -- Joint TIP - Murder case - Two accused can be made part of same TIP - Joint TIP thus, in no manner affects the validity of TIP, as purpose of TIP is to ensure that investigation is going on the right track and it is merely a corroborative evidence - Actual identification must be done in Court and that is the substantive evidence...........
Evidence Act, 1872, Section 118 -- Power of attorney holder - Registered sale deed 30 years old - Proof of - Partition suit - PW1 attorney holder, deposed on the basis of registered sale deed, which shows that property purchase in the joint names of plaintiff and his brother - He has not deposed anything hearsay or personal - No evidence is adduced by defendant - Case of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account of husband and wife - Cheque drawn by husband - Wife neither signed nor issued the cheque - Drawer of a cheque from a joint account of `Either or survivor' draws the cheque only for himself and the other drawer cannot be made liable for the offence u/s 138 of the Act - No liability can be..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic relationship - Marriage annulled between parties - Even after passing decree of nullity of marriage, domestic relationship between parties for the purpose of the Act subsists out of their past joint living as legally wedded couple - Petition u/s 12 of the Act at the instance of wife after..........
