Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property - Civil Court has power to issue injunction even when S.52 TPA protects the interest of complaining party by providing hat an alienation lis pendens shall be subject to the result of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for declaration that both registered Wills be declared as null and void - Plaintiff seeking temporary injunction restraining defendant from alienating and transferring suit property during pendency of suit - Appeal against dismissal of application - Restraint order need to be passed in view of..........
Agreement to sell -- Karta of Hindu Joint Family - Legal necessity - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - A coparcener cannot seek injunction against Karta restraining him from dealing with or entering into a transaction of sale of Joint Hindu Family Property, albeit post alienation has right to challenge the..........
Hindu Joint Family Property -- Alienation by Karta - Where a Karta has alienated Joint Hindu Family Property for value either for legal necessity or for benefit of estate it would bind the interest of all undivided members of the family even when they are minors or widows...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Buyer and seller, both filed suits, with respect to agreement to sell - Order of status quo passed in suit filed by buyer - An order passed in the subsequent suit filed by seller restraining buyer from causing any interference and encroachment over the suit property in any manner - There has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from further alienating property to third parties pending disposal of partition suit - Property in question is ancestral property as admitted by both the parties - Defendant thus, cannot sell entire joint property unless there is specific authority conferred on him by them to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Parental alienation - Any act on part of one parent calculated to deny love and affection of child to the other parent by alienating child from him/her amounts to mental cruelty...........
