Hindu Succession Act, 1956, Section 14 -- Property inherited by female - Absolute ownership - Property inherited by two sons and widow in equal share - Decree suffered by widow of her 1/3rd share in favour of one son - Challenged by other son - Property inherited by widow in her individual rights as an absolute owner - Plaintiff / son has no inherent right in the share of..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Suit for specific performance - Execution of subsequent sale deeds challenged - Declaration sought that the sale deeds in favour of other defendants illegal, null & void - Claimed decree of mandatory injunction to execute and register sale deed in favour of plaintiff - Case not covered u/s 7(iv)(c) - Provisions of..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 26(2), 28A, 54 -- Redetermination of compensation - Nature of adjudication u/s 28A - Reference Court adjudicating a reference u/s 28A exercises same powers and is subject to same statutory provisions as a Reference Court deciding reference u/s 18 of the Act - Award pronounced u/s 28A is deemed to..........
Civil Procedure Code, 1908, Order 21, Rule 18, 19 -- Execution - Cross decree and cross claims - Rule 18 is applicable in the case where applications are made to the Court for execution of the cross-decrees in separate suits for payment of two sums of money passed between the same parties and Rule 19 is applicable in the case where the application is made to the Court for..........
Civil Procedure Code, 1908, Order 21, Rule 92(4), Civil Procedure Code, 1908, Order 34, Rule 1 -- Suit for recovery of statutory charge by Municipality against owner of property - owner not disclosing that he had already sold property and allowing ex parte decree to be passed - Auction sale - Upset price reduced twice without any intimation to judgment debtor - Wife of..........
Consent decree -- Family settlement - Before a family settlement can be accepted as valid, it is necessary that it should appear to be bona fide and to resolve family dispute and rival claims - It is also necessary that members who may be parties to the family arrangement must have some antecedents title, claim or interest or even a possible claim in the property...........
Consent decree -- Family settlement - (1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence; (3) The family arrangement..........
Consent decree -- Does not require registration when parties are co-sharers and have common ancestry and settled their share by way of a consent decree...........
Consent decree -- Consent decree in favour of sister's son -Challenged in the suit - Maternal Aunt having husband and two sons - No family settlement established or proved by evidence - Sister's son has not antecedent title, claim or interest in property of maternal Aunt - Consent decree not based upon family settlement - Set aside...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Third party who is resisting and or obstructing the execution of decree can also seek adjudication of his claim and rights by making an application to avoid multiplicity of proceedings...........
