Agreement to sell -- Specific performance - Co-sharer - Co-sharers of joint property cannot stop one co-sharer from alienating his share - However, such alienation of share is subject to partition and rights of other co-sharers - Further, if one co-sharer enters into an agreement to sell qua his share as well as share of another co-sharer, the other co-sharer shall not be..........
Agreement to sell -- Specific performance - Agreement to sell - Share of minor in joint property - Held, share of minor children cannot be alienated without permission of Court - More so, if permission to sell of minor's share is rejected during pendency of suit and vendor has definite share in property excluding minor's share and it was not a composite contract, decree of..........
Suits Valuation Act, 1887 -- Joint Hindu Family Property - Limitation - Law of limitation does not per se prescribe any fixed time or period for filing a suit for partition in case of joint family property or jointly owned properties - Suit for partition not barred by limitation...........
Motor Vehicles Act, 1988, Section 160 -- Accident - Tractor attached to trolley carrying goods - It is a vehicle of the category of light motor vehicle - Driver having licence to drive LMV can drive such a transport vehicle of LMV class and there is no necessity to obtain separate endorsement - Held, there is no breach of the conditions of insurance policy - Liability is..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into a settlement and filed a joint memo along with applications for converting petition for divorce into divorce by mutual consent - Divorce by mutual consent granted with other reliefs as per settlement arrived at between the parties...........
Negotiable Instruments Act, 1881, Section 138, 142, 147 -- Dishonour of cheque - Compounding of offence - Cheque amount though was Rs.60,000 out of it a sum of Rs.50,000 already paid by accused to complainant before institution of complaint - Complaint filed only with regard to remaining amount of Rs.10,000 - Joint application u/s 142 of the Act filed by parties with a..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A IPC - Conviction - Compromise - Parties arrived at a settlement by which both parties agreed to get divorce by mutual consent - Joint petition for divorce by mutual consent filed in which they have made their respective statements - Criminal proceedings quashed...........
