Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of LRs of plaintiff - Plea of joint Hindu Family Property introduced by LRs in addition to challenge to alienation made by their father does not run contrary to pleas already set up by their father plaintiff - LRs cannot be foreclosed to introduce any other plea which becomes available to..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Sale of joint family property - Plaintiff not signatory of sale deeds - As every member of joint family property has community of interest and unity of possession in land held by such joint family, plaintiff thus cannot be taken to be out of possession - Relief of joint possession..........
Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors and scribe of the document to prove execution of partition deed..........
Specific Relief Act, 1963, Section 6 -- Recovery of possession of immovable property by one co-owner against another co-owner - Remedy u/s 6 of the Act is available to one co-owner or co-owners against another co-owner or co-owners, in case of forcible dispossession by the latter without consent of the former, otherwise than in due course of law - Actual possession over..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Self acquired property of parents-i, law - Daughter-i, law has no right to continue to occupy the same against wishes of her parents-i, law - Wife is entitled to claim a right in a shared household which means a house belonging to or taken on rent by husband or house which belongs to joint family of which..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Self acquired property of parents-i, law - Daughter-i, law has no right to continue to occupy the same against wishes of her parents-i, law - Wife is entitled to claim a right in a shared household which means a house belonging to or taken on rent by husband or house which belongs to joint family of which..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Right to way - Restraining defendants from obstruction - Nothing to establish the easementary right of plaintiff - Commissioner's report shows that no such way exists which is alleged to be used by plaintiff as approach land to their field - Contention of defendant that plaintiff is using land of his..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Hindu Law -- Joint family property - Claim of joint ownership and joint possession - Plaintiffs are required to plead and prove the same and said fact should be reflected in plaint itself...........
