Hindu Succession Act, 1956, Section 8, 11, 19 -- Hindu dying issueless - Suit property originally being co-parcenary property, equally divided between two sons and daughter - Since one son had died issueless, therefore his share would be divided between other son and daughter being Class II heirs equally by virtue of S.8 r/w S.11 of the Act...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(2) of the Act - Suit for declaration, possession and permanent injunction filed by minor after attaining majority without seeking relief of cancellation of sale deed in question not maintainable - Suit rightly dismissed...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - Can be received as evidence of some other fact which does not relate to a transfer of an interest in an immovable property...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Can be received in evidence only to that portion relating to bequest and marked only for limited purpose of establishing admission of defendants regarding bequest with a clear condition that un-registered release deed cannot be used as evidence of any transfer of interest in an immovable..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Suit for injunction filed by father-in-law against daughter-in-law - Property involved in suit does not belong to any of parties to marriage - It is the absolute property of father-in-law - Suit is not for an injunction `in circumstances arising out of a marital relationship' - Suit..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Rajasthan Pre-emption Act, 1966, Section 9, 21, Limitation Act, 1963, Article 97 -- Right of pre-emption - Cannot be enforced for an indefinite number of transactions - It is only exercisable for first time when cause of such a right arises in a situation where plaintiff pre-emptor chooses to waive such right after Rajasthan Pre-emption Act becoming operational - S.9 of..........
