Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit for joint possession as plaintiff failed to challenge mutation - However, plaintiff is neither executant of mutation nor mutation falls within definition of written instrument executed by her - Moreover, in a suit filed by plaintiff, it is not necessary to formally challenge mutation - Order allowing..........
Mutation -- Challenge as to - Mutation is entered by revenue authorities in order to upgrade the revenue record - This is a natural consequence of change of ownership either by way of any written instrument like sale deed, gift deed or on account of succession by virtue of natural succession or Will - It was thus, not necessary to formally challenge mutation in a suit for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Co-sharers -- Joint land - Possession of one co-sharer is possession of all co-sharers in the eyes of law...........
Co-sharers -- Joint land - Construction over some portion by one co-sharers - Even, if co-sharer raise construction over some portion, it will be subject to partition and said co-sharer cannot claim any preferential right over a particular chunk of land due to raising of construction over it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Co-sharer cannot be restrained from raising construction over joint land except when co-sharer results in ousting of other co-sharer or is detrimental to rights of other co-sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minors property - Permission of Court to sell - Prior permission of Court for disposing of undivided interest of minor in the joint family property is not required...........
