Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Decree of partition passed in the year 2000 - Not affected by the Amending Act...........
Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Father died intestate leaving behind his widow and four sons - On his death S.6 proviso of Act would apply - Equally upon application of S.6 Explanation 1 of Act, a partition must be said to have been effected by operation of law immediately prior to death...........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Execution - Impleadment of a party - Application U.O.21.R.97 CPC - Petitioner seeking impleadment on the basis of sale deed executed in his favour during pendency of application U.O.21.R.97 CPC filed by his vendor - However, decree for possession of immovable property can only be resisted or obstructed by a person who is in..........
Transfer of Property Act, 1882, Section 106, 111(h) -- Notice - Termination of lease - Plaintiff purchased the property in Court auction - Lease was terminated by plaintiff soon after purchase, as auction purchaser was not bound by the terms of lease deed executed by erstwhile lessor - Renewal/extension clause of lease deed cannot be enforced against plaintiff, until and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 330 gms charas - Nothing on record that Rr.22.70, 27.18 of Punjab Police Rules (as applicable to State of H.P) were followed while producing case property in Court and on returning the same - These Rules framed to ensure that case property from its initial stage of seizure till production in..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Punjab Police Rules, 1934, Rule 22.18 -- Search and seizure - Recovery of 350 grams of charas - Production of case property in Court - Entry in register - Non following rules - Accused acquitted - Rules have been framed to ensure that case property from its initial stage of seizure till production in Court..........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
