Civil Procedure Code, 1908, Section 100, Order 20, Rule 18 -- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report of Civil Court..........
Succession Act, 1925, Section 243 -- Will - Letters of administration - Grant of - Plaintiff is father of beneficiary of Will - He is acting on behalf of his son - Plaintiff is always construed as an agent of his son - Nothing prevents father from claiming Letters of Administration on behalf of his son - Contention of defendant that plaintiff is neither beneficiary nor..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for injunction - A person out of possession, cannot seek relief of injunction simpliciter, without claiming relief of possession...........
Civil Procedure Code, 1908, Section 80(2) -- Leave u/s 80(2) CPC - In earlier suit leave u/s 80(2) CPC was obtained, though subsequently it was withdrawn due to change of legal position and a fresh suit was instituted on the same cause of action - Once requirement of S.80 CPC was compiled with in earlier suit based on same cause of action claiming same reliefs, there is no..........
Criminal Procedure Code, 1973, Section 125 -- Right of handicap child to claim maintenance - Mere fact that the child's mother in agreement between herself and her husband had undertaken the responsibility of maintaining the child would not preclude the child from claiming maintenance against father...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice for eviction - Notice was given to tenant on 7.6.68 and thereafter possession was taken by landlord on 16.7.68 - Contention that as per principle of waiver, notice stood waived and since no fresh notice was given, suit was not maintainable - However, it is admitted between parties that tenant approached..........
Army Act, 1959, Section 27, 33 -- Aggrieved person - Refusal of permanent secondment of appellant - Present is not a case where any action of commanding officer or any superior officer of appellant was complained or questioned - S.27 of the Act thus, not applicable - Even appellant is not claiming any privilege conferred on persons subject to Army Act or by any other law..........
Suits Valuation Act, 1887 -- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in asserting his right for 17 years - Validity of..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
