Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint property - Order to the extent of maintaining status quo with respect to raising construction changing nature and encumbering the suit land, upheld - Partition proceedings cannot be halted, as revenue record establishing that suit land was joint between parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Suit for cancellation of gift deed and permanent injunction - Plaintiff had transferred his share to his father in the year 2007 - Father of plaintiff executed gift deed in favour of defendant in the year 2013 - Defendant is recorded as tenure holder - Application for ex parte ad interim injunction..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Once very acquisition and notifications u/ss 4, 6 of the Act were subject matter of other proceedings pending before High Court, in order to avoid any further conflicting orders and even otherwise on basis of proprietary the High Court, all appeals with respect to same acquisition where notifications were..........
Partition -- Partial partition - Principle that there cannot be a partial partition is not an absolute one - It admits of exceptions...........
Partition suit -- Co-sharers - Plea of ouster - Defendant intended to exclude only plaintiff from suit property by plea of ouster - However, other co-owners do not dispute title of plaintiff - Moreover, defendant curiously does set up exclusive title in himself as he is claiming 1/4th share thereby admitting title of other co-owners - Even, defendant was in possession of..........
Partition suit -- Preliminary decree - Appeal - Maintainability - Appeal only maintained against preliminary decree by which shares have been declared - There is thus, no reason to go into question about allotment of properties which is a matter to be gone into in final decree proceedings - Appeal dismissed...........
Agreement to sell -- Specific performance - Defendant denied the execution of agreement to sell in his written statement - Scribe in cross examination stated that no money transaction took place before him - In these circumstances, one of the attesting witnesses should have been examined by plaintiff to prove agreement to sell but plaintiff failed to do so - Part of suit..........
Criminal Procedure Code, 1973, Section 145 -- Order of attachment - Revisional Court only directed trial Court to pass a fresh order after providing opportunity of hearing to all parties concerned on the application filed by SHO for continuing attachment of disputed land and releasing the rest of land from attachment - No illegality found in order passed by revisional..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
