Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - A co-sharer in exclusive possession of part of joint land is entitled to protect his possession by filing suit for injunction against other co-sharer - Till partition defendant cannot interfere in the possession of plaintiff illegally and forcibly, except in due course of law...........
Consumer Protection Act, 1986, Section 12(v)(o) -- Builder buyer agreement - Default in delivery of possession - Complaint by joint allottees/Class action - Maintainability - Appellants had a common grievance that respondent had not delivered possession of respective units booked by them - National Commission committed error by dismissing complaint on the ground that class..........
Benami Transactions (Prohibition) Act, 1988, Section 3 -- Benami transaction - Sale deed in favour of wife - Merely because husband contributed part sale consideration, it cannot be inferred that sale deed in favour of wife was benami transaction and for and at behalf of joint family...........
Ancestral Property -- Release deed executed in the name of wife by husband - Merely because to avoid any further litigation in future and though husband had no share in suit properties, Rs.10,000 was paid and release deed was got executed in favour of wife, by that itself cannot be said that wife treated the suit properties as ancestral properties and/or joint family..........
Partition suit -- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami transactions - Suit properties except item nos.1 and 3 (which..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Hindu Law -- Joint Family Property - Alienation for legal necessity and/or to pay the `antecedent debt' - Sale deed executed was to clear/pay the `antecedent debt' and for legal necessity of the family members - Finding of High Court calls for no interference...........
Protection of Women From Domestic Violence Act, 2005, Section 12 - - Refusal to grant maintenance - Applicant was having only source of income from business in question after death of her husband - Son of applicant not doing any business - After death of husband of applicant, respondent took over possession of said business and deprived the applicant from financial..........
Joint Family Property -- Blending of self acquired property into joint family properties - Merely because three joint family members might have taken some loans while residing together, by that itself cannot be said that there was a blending of suit properties into joint family properties...........
Joint Family Property -- Blending of self acquired property into joint family property - Property separate or self-acquired of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by the owner into the common stock with the intention of abandoning his separate claim therein - However, to establish such..........
