Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered on date of execution and..........
Co-sharer -- Sale of specific numbers out of joint khata - Sale is deemed to be sale of share only and purchaser becomes a co-sharer along with other co-sharer & such purchaser steps into the shoes of seller...........
Civil Procedure Code, 1908, Order 21, Rule 13, 54 -- Execution - Attachment order - It is implied that executing court has to satisfy itself before passing of order of attachment that judgment debtor had any share or interest in property to be attached, otherwise question of judgment debtor transferring or charging property in any way as contemplated in O.21.R.54 would not..........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
Protection of Women From Domestic Violence Act, 2005, Section 2(g), 3(iv) -- Domestic violence - Meaning - Has the same meaning as assigned to it in S.3 of the Act - Clause (iv) of S.3 relates to "economic abuse" which includes prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to abuse the judicial process - FIR..........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
Transfer of Property Act, 1882, Section 105 -- Lease - Money, share, service or any other thing of value for purpose of lease is called `rent'...........
Hindu Marriage Act, 1955, Section 16(c), Bombay Regulation Act, 1827, Section 2 - - Legitimacy of children of void marriage - Legal heirship certificate - Petitioner No.1 married deceased during the subsistence of his first marriage - Marriage of petitioner No.1 is void and she cannot be considered as a legal heir of deceased - Children born out of such void marriage would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment at appellate stage - Relinquishing share of defendant No.5 in the suit - Held, relinquishment of a share can be sought even at the appellate stage - With the amendment there will be no change in the nature of relief claimed nor the nature of suit will be changed - Only relief against defendant No.5 has been..........
