Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition - Withdrawn of petition filed by one of spouses against other to live together, as a result of mediation, it cannot be treated as a relinquishment of claim against other forever, notwithstanding change of circumstance in future...........
Registration Act, 1908, Section 17 -- Registration - Document acknowledging prior family settlement - Does not amount to a deed of relinquishment or transfer deed and, hence it is not required to be registered...........
Tenancy -- Relinquishment of right - Once mother of defendant as legal heirs of original tenant had relinquished her right in tenancy in favour of her brother, then her son cannot claim any such right...........
Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
Service -- Appointment - Claim for vacancy created due to non-joining of candidate - Respondent approached Tribunal for appointment four years after date of relinquishment of post by selected candidate - R.6 (as amended) of APPSC Rules, shows that fall out vacancies if any due to relinquishment and non-joining etc. of selected candidate shall be notified in next..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Relinquishment deed in favour of plaintiffs - Two co-sharers have abandoned their right, title and interest relating to suit property in favour of plaintiffs by executing a relinquishment deed - No dispute raised by executors of relinquishment deed - In absence of any dispute raised by executors of..........
Hindu Law -- Joint family property - Relinquishment does not empower other shareholder any right, title and interest and any departure from shares of joint family property may be through any registered instrument...........
Doctrine of waiver -- Essential element of waiver is that there must be voluntary and intentional relinquishment of a right - Voluntary choice is essence of waiver...........
Registration Act, 1908, Section 17, 49 -- Collateral purpose - Relinquishment of title by a declaration by one of co-sharers in whose name a registered title deed exists cannot be said to be a collateral transaction and ownership can only be relinquished by a deed which is also compulsorily registrable...........
