Succession Act, 1925, Section 276 -- Probate - Will - If description of land sought to be bequeathed has not been detailed in the Will and testamentary disposition is with respect to entire property of testatrix, probate application cannot be denied on this score - It makes no difference what are the properties which have been set out in the probate application, as probate..........
Family Courts Act, 1984, Section 7, 10(3), Hindu Marriage Act, 1955, Section 13, 26 -- Divorce - Granted subject to payment of Rs.50 lakhs to minor son - Husband is doing agricultural, real-estate and civil contractor and having 20 Acres of agricultural land - Even after that husband did not give any money for maintenance of minor child since the birth of child - Amount of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff seeking temporary injunction restraining defendants from interfering in his possession - By way of counter claim defendant seeking temporary injunction restraining plaintiff from creating any obstruction in their peaceful possession - Defendants in support of their counter claim has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit land not identifiable - It cannot be said, without any cogent evidence that dispute is with regard to 1/4th portion on the western side of Gata No.233 - Relief of permanent injunction cannot be granted...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
Registration Act, 1908, Section 71 -- Refusal to register document - Registering authority cannot refuse registration, merely on account of an injunction order being passed in relation to subject land, unless the parties to document are also parties to the suit where such an interim injunction had been granted...........
