Family Courts Act, 1984, Section 9, 10, 11 -- Proceedings in camera - Video Conferencing - Hearing of matrimonial disputes may have to be conducted in camera - After settlement fails and when joint application is filed or both parties file their respective consent memorandum for hearing of case through Video Conferencing before concerned Family Court, it may exercise..........
Income Tax Act, 1961, Section 2(47)(v), Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17, 49 -- Capital gain - Liability to pay tax - Applicability of doctrine of part performance u/s.53A of T.P.Act - By Registration (Amendment) Act, 2001, if agreement like Joint Development Agreement (JDA) is not registered, then it shall have no effect..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 14.062 kg charas - Search - Joint communication to all the three accused - Does not satisfy the mandate of S.50 of the Act - Provision of S.50 of the Act held, not complied with...........
Co-sharers -- Joint land - Every co-sharer would be deemed to be in possession of every inch of land till same is partitioned by metes and bounds - Even if land is sold by specific khasra number out of joint land, same shall amount to sale of share only...........
Court Fees Act, 1870, Article 17 -- Court fee - Suit for possession along with annulment of Will and sale deeds - Joint property - Plaintiff claimed himself to be in joint possession of property and being no, executant in possession is only required to affix Court fee in view of Art.17(iii) of Second Schedule of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Hindu Law -- Joint Family - There is legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that suit properties in schedule `B' and `C' are self acquired properties - Plaintiffs failed to adduce documentary evidence to prove that suit properties are self acquired properties - Legal presumption of suit properties to be part and parcel of ancestral one (schedule `D') can easily be drawn for want of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is permissive and not that of an encroacher..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
