Civil Procedure Code, 1908, Section 47, Order 21, Rule 95 -- Execution - Objections - Once objections filed by JD are dismissed by Executing Court and same have attained finality, JD had no locus standi to file any further objections - Auction purchaser who had purchased property in auction, had stepped into the shoes of DH and had every right to further seek possession,..........
Registration Act, 1908, Section 17(2)(vi) -- Divorce proceedings - Compromise - Flat in joint ownership of parties - Husband agreed to relinquish his rights over flat in question and wife also agreed to divorce by mutual consent without demanding any alimony from husband - Registration of flat in the exclusive name of wife would be exempted from payment of stamp duty...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property - S.8 of the Act does not expressly exclude undivided interest of minor in joint family property...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Mother being natural guardian can act as manager of joint family for herself and on behalf of minors and deal with property in the interest of minors and joint family subject to legal necessity - Her powers are not fettered by or governed by provisions of the Act - Order rejecting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Decree for permanent injunction - Suit land is joint and had not been partitioned - Tubewell installed would hence also be used as a joint source of irrigation - Plaintiff who was a co-sharer, would also have a right to use electricity connection - Contention of defendant that since tubewell was installed..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of interveners - Probate proceedings - Dispute is with regard to genuineness of Will - Opposite parties claimed that testatrix was their aunt and said property is joint property - Genuineness of Will is required to be proved in probate case - Testatrix being a teacher has put her thumb impression on..........
