Service -- Family pension - Entitlement - Petitioner lost not only her son on account of criminal offence which husband had committed and thereafter he had gone absconding and her right of family pension was also denied, thus, benefit of Civil Court decree has to be granted to petitioner - Moreover, petitioner had filed suit and placed sufficient evidence on record to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious lapse on part of plaintiffs to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Suit for eviction - Bonafide need - Non-residential building - Plea of tenant that landlord require building to construct mall - Suit filed only after 20 years of retirement of landlord - No eviction petition filed causing harassment to tenants since 1950 - Since, demised premises is non-residential,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties, O.7.R.11 CPC has no..........
Mitakshara Law -- Co-parcenary property - Alienation by Karta - Factum of sale deeds in question executed without any consideration, would itself show that suit property was sold without any legal necessity...........
Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Suit for declaration by plaintiff - Locus standi - Plaintiff being son of Karta a male coparcener in suit property, was vitally affected by purported sale of suit property by his father - He therefore, had locus to file suit for a declaration that suit property being co-parcenary..........
