Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition - Whether barred by O.2.R.2 CPC - Suit for partition with respect to joint property is based on continuing cause of action - Even though cause of action in instant suit is not as that in previous suit - Suit for partition not barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Joint tenancy - Unilateral surrender of tenancy rights by one of the joint tenancy holder - Effect on joint tenancy - Substantial question of law raised in memo of appeal - Not examined by High Court - Matter remitted back to High Court for decision afresh - It will be open to High Court to reformulate the..........
Criminal Procedure Code, 1973, Section 223(d), Protection of Children from Sexual Offences Act, 2012, Section 5, 19, 21 -- Joint trial - Different offences committed in the course of same transaction - Main act of commission of an aggravated penetrative sexual assault by co-accused and no, reporting the same to police by petitioner despite knowledge depicts commission of..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Transfer of divorce proceedings - Parties entered into compromise - Parties agreed to withdraw civil and criminal cases and also settled on certain financial terms - Parties also agreed for mutual divorce - Proceedings ordered to be transferred from Udaipur, Rajasthan to New Delhi - Joint..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing work carried out by plaintiff - Joint Development Agreement entered into between parties - Defendant contended that said agreement is repudiated by cancellation Letter - Said Letter has to be tested during course of trial - Plaintiff made out a prima facie case..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 18, 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintenance of wife is personal obligation of husband - Such an obligation cannot be satisfied from self-acquired property of parents of husband - During subsistence of marriage maintenance of married wife is personal obligation on part of husband -..........
