Specific Relief Act, 1963, Section 34 -- Suit for declaration simplicitor - Suit is maintainable when plaintiff is in possession of suit property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Civil Procedure Code, 1908, Section 47, Order 21 -- Execution - Pendente lite transferee - Adjudication of right, title and interest - Question of bona fide purchaser or entitlement of any declaration of title or interest over property based on pendente lite transfer cannot be raised in execution of decree of immovable property either u/s 47 or under any of provisions in..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of survey though..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dying declaration - Death by burning - Deceased stated in her dying declaration that she was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband - Dying declaration of deceased was true, voluntary and has total clarity in its..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Dying declaration - Presumption - Deceased committed suicide by setting herself on fire - She was married for 13 days only - All PWs corroborated the fact that deceased was subjected to cruelty, harassment and dowry demands at the hands of her i, laws and husband -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration of title and recovery of possession sought on basis of subsequent event, as defendants encroached suit property and made constructions over it - Proposed amendment if permitted neither introduce change in nature and character of suit nor change frame..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Decree against a dead person - Death of defendant and his LR's not impleaded - Separate suit can be maintained by heirs of deceased defendant seeking a declaration that decree passed is a nullity and not enforceable against them...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Declaration of rights of parties to partition suit is not dependent on payment of Court fee by defendant - It affects only actual partition and separation of his share in property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
