Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Hindu Succession Act, 1956, Section 6 -- Proviso (1) - Alienation of co-parcenary property - In violation of Court order - Person who alienates properties in violation of Court order, cannot be permitted to take advantage of alienation by taking shelter u/s 6(1) Proviso of the Act...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Effect - Right of successful party in the litigation in regard to that property would not be affected by alienation, but it does not mean that as against transferor transaction is invalid...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction order sought to preserve property and protect the same from alienation - Rejection of application seeking such reliefs, held, not proper...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Limitation Act, 1963, Article 109 -- Alienation in this article includes gift...........
Limitation Act, 1963, Article 109 -- For applicability of Art.109 of the Act, conditions to be fulfilled are : (1) the parties must be Hindus governed by Mitakshara; (2) the suit is for setting aside the alienation by the father at the instance of the son; (3) the property relates to ancestral property; and (4) the alienee has taken over possession of the property..........
Hindu Law -- Joint Family Property - Alienation by Karta - Where alienation of joint family property is not made with the consent of all coparceners, it is voidable at the instance of coparcener whose consent has not been obtained...........
