Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - When both parents are earning members, responsibility of maintaining child is a shared and joint responsibility...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability - Observations of the Tribunal regarding joint and several liability remain intact - Liability to satisfy the award is fastened on the insurer, respondent No.2...........
Will -- Joint Will and mutual Will - Distinction - Joint Will is a single testamentary instrument constituting or containing Will of two or more persons and jointly executed by them - While mutual Wills are separate Wills of two or more persons which are reciprocal in their provisions and executed in pursuance of compact or agreement between two or more persons to dispose..........
Will -- Joint Will or mutual Will - Once testators having in no uncertain terms reduced their intention into writing and conferred right on surviving testator to cancel or modify conditions of Will, there is no warrant for presumption of mutuality in Will - Even, nature of dispossession shows that, it is respective shares which have been assigned in favour of legatees -..........
Will -- Joint Will or mutual Will - Mere fact that Will takes effect only on death of both the testators, is not a ground to hold that what was intended between parties is a mutuality - Principles of mutuality cannot be inferred and implied by Courts but rather it must be depicted on a plain reading of Will...........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Joint Family property -- Mere contribution towards family expenses does not lead to inference that property was purchased from joint family funds...........
