Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void marriage - Partition suit - Plaintiffs have not disputed that defendant no.1(a) had married deceased during subsistence of marriage with plaintiff with deceased - Though marriage between defendant no.1(a) and deceased is hit by S.11 r/w S.5(i) of Hindu Marriage Act and it is a void marriage,..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Determination in both the suits different - Though land in both the suit is same but cause of action for institution of both the suits and parties therein are different - Application seeking stay of further proceedings of previous suit, rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Gift deed contains all necessary details of land without any ambiguity whatsoever - Merely because headmistress of School being examined as a witness from side of plaintiff could not state exact particulars of boundaries, cannot ipso facto lead to conclusion that suit property is not properly..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Monthly income of husband after deduction is Rs.42,492/- - Husband also owns a plot and has a share in joint ancestral agricultural land - Permanent alimony of Rs.10,00,00/- in full and final settlement, awarded to wife...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - While considering sale deed/sale exemplar, proximity in time to date of sale deed and to the date of notification u/s 4 of the Act, may be a relevant factor but at the same time, other factors are also required to be taken into consideration while determining actual market..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - High Court while relying upon comparable sale deed, has not discussed the area of land sold by said sale deed - Even, High Court neither discussed sale consideration for which said sale deed was executed nor location of land is discussed - Only observation made by High..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale instances relied upon by High Court not challenged by authority - Therefore, findings recorded by High Court that sale instances can be best exemplars and which can be considered for determining and assessing the market value of lands acquired has attained finality...........
