Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Compelling a spouse to forsake his parents is held cruelty particularly in the context of Indian Joint Family values...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of joint plaint or joint written statement - Application for amendment has to be filed by all the plaintiffs or all the defendants, who have filed said pleadings jointly...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that plaintiffs are owners in possession of 50% share of property and sale deed is null and void - Plaintiffs are neither executant of documents in question nor they are seeking possession of suit property, as they are already in joint possession - Therefore, there would be no requirement to..........
Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - Claimed by father - Minor child is now 10 years of age and has been in care and custody of his mother for past six years - Father of child cannot be stranger to child, as he was also in joint custody of child for nearly four years - Neither of parties have placed any materials to credit or discredit their..........
Suit for possession -- Self acquired property of mother-in-law - Right of daughter-in-law - Plaintiff/mother-in-law is absolute owner of suit property which was purchased by her vide Sale Deed - Suit property is self acquired property of plaintiff - Defendant/daughter-in-law not denied that house in dispute is in the name of plaintiff - However, she submitted that said..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Husband has admitted in his affidavit to having a share in certain ancestral properties from which rental income is derived - Even if husband contends that income is received by his mother and that his share is minimal, it is also established that he resides in a joint family setup and is not..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - There is no concept of vicarious liability of partners as such in case of a partnership firm - Liability is joint and several because a partnership firm is business of partners and one cannot proceed against only the firm without partners being made liable...........
