Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Sale deed in favour of respondent No.9 was executed during pendency of petition filed by petitioner so, same is hit by principles of lis pendens and would be subject to litigation between petitioner and appellants - Property was inherited by appellants from a common ancestor along with petitioner - Petitioner..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Service -- Compassionate appointment or on contractual basis - Respondent was appointed as a contract conductor on preferential basis being the son of deceased employee - No document on record to prove that appointment of respondent was on compassionate basis so as to treat him as a permanent employee - Mere fact that respondent was appointed on contract basis pursuant to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
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 - 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 Succession Act, 1956, Section 22 -- Preferential right of heir to acquire property - Agricultural land - Preferential right given to an heir to acquire property is applicable even if suit property is an agricultural land...........
Limitation Act, 1963, Article 97, Hindu Succession Act, 1956, Section 22 -- Limitation - Preferential right of heir to acquire property - Suit for declaration and possession - Sale deed being challenged by plaintiff executed in favour of defendant no.1 - Limitation is to be taken as one year from date of execution of registered sale deed - Suit filed after one year from..........
Custody of child -- Claimed by mother - Mother being natural guardian of a minor has a preferential right to claim custody of her son - However, utmost consideration is well being of minor and not legal right of a particular party...........
