Hindu Law -- Joint Hindu family - Right of a person to claim to be a member of Hindu Joint Family or coparcener is founded on right of succession to joint family properties - But there is no bar to claim to be an ordinary member of a family - Strangers to family who are brought up by original owner treating them as his children, become members of family of original owner,..........
Transfer of Property Act, 1882, Section 19 -- Vested interest - Will - Compromise agreement - Settlement deed in respect of suit property owned by owner and his wife has not created any vested right in praesenti including any right in the form of right which could be enforced in future - Even, wife has ownership right in suit property which she has acquired upon death of..........
Family Courts Act, 1984, Section 9, 10, 11 -- Proceedings in camera - Video Conferencing - Discretion has to rest with Family Court to be exercised after court arrives at definite conclusion that settlement is not possible and both parties file joint application or each party filing his/her consent memorandum seeking hearing by Video Conferencing - (Majority View Per Dipak..........
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...........
