Hindu Law -- Joint Family Property - If a co-parcener of a joint family claims that properties are his self acquired properties the burden is on him to prove that the same are the self acquired properties...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Obstruction of passage - Grant of - Parties recorded as joint owners of suit land - Enjoying separate and exclusive possession over their shares of land by mutual agreement - By constructing shutter on passage defendant obstructed path leading to plaintiff's house - Obstruction of passage proved by witnesses -..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Third divorce petition by husband - Withdrawal of earlier two divorce petition without permission of Court as wife made joint endorsement with the husband that she would join the husband to continue the marital life - Third divorce petition is not abuse of process of Court -..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 418, 468, 471 -- Forgery - Acquittal - Validity - When sale deed in dispute was executed, respondent/accused was not present at that time - Nothing on record to show that she was instrumental in obtaining and attesting sale deed - None of the witnesses have stated that respondent/accused had..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Bombay bomb blast case - Confessional statement recorded u/s 15 of TADA - Arms Act, 1959, S.3, 7 r/w S.25(1-A), (1-B)(a) - Contention on behalf of Sanjay Dutt that since he has been acquitted of all charges under TADA, confession ought not to have been relied upon for convicting him for offences..........
Family settlement -- Document not containing signatures of all the members of joint family - Not a family settlement - Such a document has to be given the status of `partition deed' and its registration is necessary...........
Hindu Law -- Oral partition - Proof - Held, while existence of a joint family and possession of joint properties by family must be proved as facts preceding partition, factors such as mutation of entries in revenue records and independent exercise of rights of ownership by co-parceners on respective share must be proved as an event subsequent to partition - It is only..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103 -- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees pendente lite -..........
Hindu Law -- Joint Hindu Family and Hindu coparcenary - Distinction - A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters - A daughter ceases to be a member of her father's family on marriage and becomes a member of her husband's family - A joint or undivided Hindu family may consist of a..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
