Partition -- Partial partition - Principle that there cannot be a partial partition is not an absolute one - It admits of exceptions...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Partial compliance of provision of S.50 of the Act only tantamount to non-compliance - Accused acquitted...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities, joy and pain/sufferings - Claimant suffered permanent partial disability and prolonged hospitalization - Various operations of claimant were performed - Rs.50,000/- awarded towards loss of amenities, joy and Rs.50,000/- towards pain/sufferings is on lower side - Rs.3,00,000/- awarded..........
Agreement to sell -- Refund of advance amount - Defendant admitted execution of agreements for sale and its execution - He also admitted that he accepted partial sale consideration of Rs.10 lacs and by his own act and conduct of remitting Rs.2,50,000 to plaintiff, as sale deed was not executed - Trial Court rightly directed defendant to remit Rs.7,50,000 alongwith 6%..........
Civil Procedure Code, 1908, Section 100, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 13(1)(a)(h), (j), 2(2) -- Second appeal - Eviction petition - It is apparent that out of three grounds of eviction found concurrently by two Courts below based on decree of eviction has been passed - While appellant has no questioned correctness of two grounds i.e...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There is no provision or concept of partial rejection of plaint - Plaint can either be rejected as a whole or not at all...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition for custody of child - Wife failed to adduce even a piece of evidence to substantiate her apprehension that she may not get justice in Court where subject application for custody of child is pending - Even, wife failed to mention a single instance where Learned Judge has disclosed her biased mind or partial..........
Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Mohammedan law -- Partial partition is permissible amongst Mohammedans, as under Mohammedan law heirs of deceased Muslim succeed to a definite fraction of every part of his estate - Muslim co-sharers are not obliged to file a general suit for partition of all properties in which they are interested and there is nothing to preclude one of them from seeking a portion of..........
