Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Prevention of Money Laundering Act, 2002, Section 8(3)(a) -- Attachment of property - It is not necessary for applicability of S.8(3)(a) of the Act that person affected by order u/s 8(3) of the Act must be shown as an accused in the complaint...........
Prevention of Money Laundering Act, 2002, Section 8(3)(a) -- Attachment of property - Order of attachment passed u/s 8(3) of the Act, will continue till disposal of complaint...........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
