Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Presence of party - When necessary? - Petitioner expressed his inability to be personally present as he is living in UK - No objection from respondent's side for grant of divorce - Held, unless there are suspicious circumstances or any reason to think that averments contained in the affidavit filed by the..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Hindu Law Alienation of coparcenary property by Karta -- Restraining Karta from alienation - Held, Karta of Joint Hindu Family have right to manage coparcenary property and such right would include right to sell or mortgage ancestral property for legal necessity - However, coparcener has remedy to challenge alienation on the ground that same was not for any legal necessity..........
Hindu Law -- Seeking separate possession in Joint Hindu Family Property - Held, even though, coparcener would have interest in coparcenary property by birth but he would not be entitled to separate possession of same unless partition takes place...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - Comes to an end once the son along with his family moved out of the joint family and established his own household or when a daughter gets married and establishes her own household with her husband - An application under the Act cannot be filed by a person who has established his..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Prayer for remand of case for framing specific issue - Plaintiff having understood his specific case that Schedule-III land being claimed to be a joint family property purchased from the fund of the joint family, failed to adduce any evidence, oral or documentary - Both parties participated in the suit on such a..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Proceedings against directors - Quashing of - Issuance of process against petitioner and co-accused - Petition filed by co-accused for quashing of criminal proceedings has already been dismissed by Court - No dispute that petitioner..........
Criminal Procedure Code, 1973, Section 210 -- Joint trial - Permissibility - Version in police challan and complaint case were in conflict - Number of accused and prosecution witnesses were also different - Held, trial of two cases should not be held together - Both cases cannot be clubbed and consolidated, particularly when prosecution version in police challan case and..........
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2) -- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2), proper...........
Indian Penal Code, 1860, Section 467,468, 120B -- Co-owners/co-sharers - Sale of share in the joint land and not a sale of any specific khasra numbers - Accused legally sold his share as per entitlement in the joint property to the vendees by means by registered sale deed - Question of committing any offence u/ss 467, 468 and 120-B IPC does not arise at all...........
