Evidence Act, 1872, Section 3 -- Expression "not proved" - Suit for cancellation of sale deed executed by joint owner - Issue regarding parentage of plaintiff brother of joint owner - Clear finding on issue not given - Finding that fact whether plaintiff was real son of owner or not, not conclusively proved by either parties - Thus, trial Court was of opinion that issue..........
Protection of Women From Domestic Violence Act, 2005, Section 17,2(f),19,37(2) -- Wife has a right to reside in shared household - Husband and wife lived together in the house in joint family after their marriage - Contention that house belongs to father of husband and wife cannot be permitted to live therein - Contention repelled - Held, wife has right to reside in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Agreement to sell - Unregistered - Restraining defendants from dispossessing plaintiff - Property in dispute is joint property - Not possible to give possession to plaintiff over any specific portion of property - Neither in alleged deed nor in plaint, any specific portion of property shown over which..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Liability to pay - Sale of joint family properly by `Karta' of family - Suit for declaration of permanent injunction and possession by son of Karta - Son of Karta would be liable to pay ad valorem court-fees...........
Agreement to sell -- Co-sharer - A co-sharer can sell his undivided share in joint property including a share in an agricultural land and the purchaser of such share comes in the shoes of the seller and he becomes co-sharer with the remaining sharers...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Validity - Plaintiffs/respondents and defendant No.1/petitioner are sons and grand-sons of `B' - In jamabandi they are depicted to be joint owners as well as in joint possession of suit land including khasra No. in which disputed tube-well and electric connection in question stand..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - No dispute that all the parties constituted a joint Hindu undivided family - Admittedly there was no prior partition deed or a decree of Court - Held, plaintiff being a coparcener in the Joint Hindu Undivided Family of deceased was entitled to 1/6th share as determined by Trial Court - Appeal..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Appointment of Court Commissioner - Two reports from T.I.L.R. office on record - Report after measurement of land of plaintiffs indicates that there was encroachment, however, the report after measurement of land of defendants shows that there is no encroachment - Held, a fit case in which trial Court or lower appellate..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of party - When necessary? - Petitioner expressed his inability to be personally present as he is living in UK - No objection from respondent's side for grant of divorce - Held, unless there are suspicious circumstances or any reason to think that averments contained in the affidavit filed by the..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
