Joint property -- Sale of joint property without there being any family partition - Purchaser at the most will take joint possession along with other co-sharers...........
Family Courts Act, 1984 - - Property dispute between brother and sister - Parties arrived at a settlement and filed a Joint Memorandum of Family Settlement duly signed by both the parties and their respective advocates - Parties are directed to adhere to the terms and conditions of Joint Memorandum of Family Settlement and undertaking given therein which should be treated..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Meaning - House belonging to husband or taken on rent by him or house which belongs to joint family of which husband is a member - Property in question neither belongs to husband nor was it taken on rent by him, nor it is a joint family property of which he is a member - Merely because..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Parties came to an amicable settlement during pendency of appeal filed against dismissal of petition u/s 482 Cr.P.C. for quashing criminal proceeding initiated by wife - An amount of Rs.15/- lacs was agreed to be paid by husband to wife towards alimony, maintenance (Past, present and future) - Rs.5..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg of heroin - Joint offer made to appellants regarding option of being searched by a Magistrate or a Gazetted Officer, does not meet the parameters of S.50 of Act - Accused acquitted...........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Co-owner -- To constitute co-ownership, there must be an equal right to possession of every part and parcel of subject matter - Joint possession is not essential - Only unity of right of possession is required...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference warranted - Petition..........
Partition -- Co-sharers, coparcener, co-owner or joint owner - Factors to be taken into consideration by Court while deciding the suit : (1) the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties, whether it was his/her self-acquired property or ancestral..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
