Hindu Law -- Ancestral property - Alienation - Challenge as to - Father sold the property for well being of Hindu Joint Family and out of legal necessity in order to clear debts and for meeting family expenditure - Even sale consideration was invested in purchasing another property by father and still the property was available for benefit of plaintiffs being his children..........
Family settlement -- Hindu Joint Family Property - Once there was a family settlement and property was divided through compromise, which was recognized in a civil Court decree, no doubt was left that property is exclusive property of co-sharer - Property does not continue to be Hindu Joint family coparcenary property...........
Hindu Joint Family Property -- Agreement to sell executed by Karta - Validity - Karta of Joint Hindu Family has right to sell property for legal necessity - Once Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on ground that property is a joint Hindu Family Property, particularly, when agreement to sell and payment of..........
Prevention of Food Adulteration Act, 1954, Section 2(ia), 2(ia)(m) -- Adulteration of food - If written consent records prima facie satisfaction of Joint Commissioner that sample is adulterated, then sample is adulterated u/ss.2(ia), 2(ia)(m) of the Act...........
Prevention of Food Adulteration Act, 1954, Section 20, 7, 16 -- Sanction for prosecution - Written consent accorded by Joint Commissioner is based on existence of material on record and it discloses application of mind by concerned authority - Order of acquittal passed by Session Court set aside - Order of trial Court convicting accused upheld...........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
Hindu Law -- Joint family property - Three brothers purchased suit property with their own independent income - Mere fact that anyone of the brothers might have constructed a residential house therein is insufficient to uphold any community of interest or jointness...........
Court Fees Act, 1870, Section 7(iv)(C) -- Suit for possession and alternatively for joint possession and declaration that sale deed executed by his co-sharers is illegal - Neither plaintiff not any of alleged co-sharer in possession of suit property - Plaintiff rightly directed to pay ad valorem Court fee...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Family Courts Act, 1984, Section 7 -- Petition seeking a decree for return of gold ornaments etc. given to wife in connection with the marriage and entrusted to husband and his parents - Normally there cannot be a joint entrustment of money or gold ornaments with three persons, the husband and his parents, without disclosing the mode of entrustment or the identity of the..........
