Evidence Act, 1872, Section 102 -- Partition suit - Joint Hindu family property - Burden of proof - Plaintiff alleges that suit schedule `A' properties are joint Hindu family properties - He did not dispute that suit schedule `A1' property is exclusive property of third defendant - It is the second defendant, who is denying the allegation - Held, in such an event, burden..........
Tamil Naidu Court Fees and Suits Valuation Act, 1955, Section 37(2) -- Partition suit - Valuation thereof - Plaintiff has admitted that suit property is in possession of defendant - However, claims that possession of plaintiff shall be deemed to be possession of defendant also as they are co-owners - Held, plaintiff being a co-owner is entitled to value relief for..........
Railways Act, 1989, Section 78B -- Consignment - Negligence or carelessness in handling - Proof of - Plaintiff-Corporation booked 27200 litres motor spirit - Same was loaded in wagon and on arrival at destination was found in leaking condition with its bottom seal missing - Claim for leaked motor spirit - Held, factum of presence of seals on top and bottom of wagon is not..........
Hindu Succession Act, 1956, Section 14 -- Joint Hindu Family - Hindu woman getting gift of property from her father at the time of marriage - It is her Stridhan property - She will be full owner of property - She will also be the owner of any property purchased by her out of income of Stridhan property and not Joint Hindu Family Property...........
Court Fees Act, 1870, Section 17, Constitution of India, 1950, Article 226 -- Court-fee - Joint writ petition filed by more than one person seeking same relief - Payment of court fee - Held, joint petition where each of the petitioner has his separate cause of action which may or may not arise out of the same act or transaction, each of the petitioner is required to pay..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Joint Hindu property - Legal necessity - Alienation by Karta - Legality of - Held, clearance of the debt is also an obligation on the part of the joint family when it is incurred towards legal necessities i.e., for the development of the joint family - In such a situation, the 1st defendant has disposed of the..........
Hindu law -- Joint family property - Partition - Family arrangement - Proof - Possession of some portion of property by different parties was merely an arrangement of convenience by way of oral agreement - Held, parties may decide to live in such portions which are not worthy of partition by metes and bounds - But such arrangement/agreement is nothing more than an..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both suits directly and substantially same - Subsequent suit be either stayed or clubbed with earlier suit for joint trial...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Necessary and proper party - Petitioners pleaded that mill is the property of joint family - Preliminary decree for partition was obtained by them - 2nd respondent did not file any counter, disputing the claim made by petitioners - Allegation of petitioners that 1st respondent is brother-i, law of 2nd respondent..........
Hindu Succession Act, 1956, Section 6 -- (As amended) Rights of daughter in coparcenary property - Joint Hindu Family governed by Mitakashara law - Daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son and has the same rights in the coparcenary property as a son - However, this right which came into existence by amendment of..........
