Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from obtaining electric connection for the Tubewell in the name of Respondent No.1 alone - Injunction suit filed during pendency of suit for partition - If electric connection is granted in the name of Respondent No.1 alone that would not adversely affect the rights of any..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
Hindu Law -- Joint Hindu Family - Partition - When a part of joint family property is given to wife of a coparcener during his lifetime towards her maintenance, the said property must be put to her share if she claims partition of joint family properties after her husband's death, even though the said property has become her absolute share under Hindu Succession Act and..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Stamp Act, 1899, Section 2(14)(15), 35 -- Nature of document - Instrument of partition or mere `Kararnama' - If the document does not create, transfer, limit, extend or extinguish any right or liability, it does not answer the description of an `instrument' - Similarly, if it is not a document whereby the co-owners of any property divide or agree to divide such a property..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - In jamabandi defendant not depicted in possession of any specific land - In case defendant claims ownership or separate possession of any particular land, then appropriate remedy for him is to seek partition of joint property - Held, defendant cannot be permitted to forcibly..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 16 -- Arbitral award - Setting aside - Applicability of S.16 CPC - Controversy between parties does not pertain to recovery of immovable property, partition of immovable property, foreclosure sale or redemption of immovable property, determination of any other right to immovable..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Family Settlement - - Lawful family settlements that adjust mutual rights by specific allotments equitably that could be oral, so long as oral partition is not barred by law and a family settlement orally or through an unregistered document to extinguish title to immovable property - The former is legal and the latter is unlawful...........
