Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act does not bar complete transfer of land during pendency of the suit...........
Partition suit -- Permission to sell portion of land of particular share - Court can permit petitioner to sell portion of his share for meeting his urgent expenses of treatment of his daughter during pendency of suit if petitioner as well as respondents are having equal share which is not objected by any of the parties - Such alienation would not be hit by S.52 of T.P..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Willful disobedience of order of Supreme Court - Contemnor/tenant has not vacated the suit premises despite eviction order against him - Even after filing of contempt petition, peaceful possession was not delivered to landlord - Contemnor deliberately did not appear despite specific direction issued at least..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Plaintiff has not sought decree of possession but has only sought decree of injunction and claims to be in possession of property which is subject matter of sale deed - Power of attorney on the strength of which sale deed sought to be avoided by plaintiff was executed is also..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Liability of children - Question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to children - It is the duty of children to maintain their parents - If petitioner/son is aggrieved by unequal distribution of land,..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Specific Relief Act, 1963, Section 28 -- Recession of contract or extension of time - Application must be decided as an application in the original suit wherein the decree was passed even though the suit has been disposed of...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction against State - Limitation - Since State cannot take plea of adverse possession therefore, plea of limitation cannot be taken by State - Suit not barred by limitation...........
