Agreement to sell -- Specific performance - Sale deeds executed by defendants in favour of third parties during pendency of litigation are certainly hit by doctrine of lis pendens and are non est - Plaintiffs have got sale deed of suit land executed in their favour by following due process of law on the basis of decree of specific performance granted in their favour by..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - If property is inherited by a female Hindu from her father or mother in absence of any of child, property of deceased shall go to legal heirs of father - Husband will not get any right over property inherited by her from her father...........
Agreement to sell -- Suit for specific performance - Vendor is a necessary party in a suit for specific performance of an agreement for sale, notwithstanding that he has transferred his interest in property to a third party - A suit or an appeal emanating from such a suit would abate if upon death of vendor, his legal heirs/LRs are not substituted...........
Agreement to sell -- Suit for specific performance - Transferee lis pendens - Not a necessary party - However, a transferee lis pendens may pursue appeal against a decree of specific performance against vendor, as a legal representative/inter-meddler of estate of vendor - But, having regard to nature of decree that is required to be passed in a suit for specific..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Abatement of suit - Non-substitution of LRs - Before declaring a suit or proceeding to have abated on ground of non-substitution of heirs/LRs of a deceased party, Court must examine whether interest of deceased party qua subject matter of proceeding is sufficiently represented by other parties already on record - If..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a natural legal heir - Suit for declaration claiming inheritance and challenging Will - `S' being another son of deceased/father of plaintiff is a natural legal heir - He is thus, a necessary party to suit, as in the event Will is set aside, inheritance would devolve upon natural heirs - `S' would be entitled..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of revision - Non-substitution of LRs of respondent No.2 - Merely because legal heirs of one of respondents was not impleaded within time after death of that respondent and revision stood abated qua him, revision cannot abate against other respondents - Revision petition restored...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Decree for possession - DHs are heirs of original plaintiff, their inter se rights regarding property are not to be considered and decided in execution petition - It is only decree for possession has to be executed whether at the behest of one of decree holder or by all decree holders,..........
Criminal Procedure Code, 1973, Section 173 -- A person accused in FIR but removed from list of accused during course of investigation - Police to issue notice to defacto complainant or their legal heirs whenever a person named as an accused in FIR is removed from the list of accused during course of an investigation...........
Service -- Dismissal - Charges have not been found to be proved conclusively against appellant - When findings of Enquiry Officer were perverse basing on completely misleading of materials produced before Enquiry Officer, Tribunal was fully justified in setting aside order of penalty - Incident happened in 1988 that is more than 37 years back and meanwhile, delinquent..........
