Will -- Proof - Will cannot be acted upon unless and until it is duly proved and decided by civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to decide the authenticity, correctness, genuineness of a Will which can only be done by Civil Court...........
Will -- Proof - Will cannot be acted upon unless and until it is duly proved and decided by civil Court of competent jurisdiction - Revenue authorities have no jurisdiction to decide the authenticity, correctness, genuineness of a Will which can only be done by Civil Court...........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court in exercise of powers u/s 100 CPC, can interfere with findings of fact only if same is shown to be perverse and based on no evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit - If civil suit is decreed on the same cause of action of the amount covered under the cheque, the deposit made in criminal case has to be adjusted...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
