Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
Constitution of India, 1950, Article 226 -- Writ petition - Land acquisition proceedings - Approach of Division Bench in relying on affidavit of authority and closing the matter on the same day, without giving an opportunity to appellant to meet the averments made in the said affidavit would be in violation of principles of natural justice - Order of Division Bench set..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- Freezing of bank account - Statues empower investigating agency to request Bank to freeze bank account pending investigation and intimate it forthwith to jurisdictional Court - But, there cannot be freezing of account perpetually without intimating account holders what for their account is freezed and what extent it..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Execution - Objections - Allotment of plot - Petitioners are the persons who are likely to be effected by execution of order of allotment of plot passed by co-operative Court - They are required to be heard in the matter - Application allowed to the extent of permitting petitioners to join as party to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Senior citizens have neither sought any maintenance from opposite parties nor sought any declaration regarding transfer of any property as void - They are aggrieved by ill treatment/torturing and nuisance created by opposite parties on the land belonging to them and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Partition suit -- Implementation of partition decree - Writ of mandamus - Suit for division of land holding which was decreed is under scrutiny before Board of Revenue - There are disputed questions and in a garb of writ of mandamus, these disputed questions cannot be ignored nor adjudicated by Court - Liberty is given to petitioners to take recourse as may be available..........
