Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 27 -- Bar of civil Court jurisdiction - A senior citizen cannot knock the door of civil Court to fight a legal battle to obtain possession of property, as jurisdiction of Civil Court is barred u/s 27 of the Act...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff's predecessor-i, interest purchased the property not by measurement but by boundaries - Property in question is identifiable - First Appellate Court rightly relied upon commission reports and various evidence which were on record and led by parties and had correctly concluded that plaintiffs were..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband in order to deprive wife from residential accommodation transferred his property in the name of his father - Act of husband needs to be deprecated out rightly - Argument that husband has no income at all cannot be accepted, more particularly when he is an MBBS doctor by..........
Possession -- Occupation - of property by a person as an agent or a servant at the instance of the owner will not amount to actual physical possession...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Recovery of dues - Petitioner`s father/owner of entire extent of land secured loan from Bank by executing a mortgage deed - Landed property devolved on all his four sons, including petitioner - Such devolution was subject to mortgage created by father -..........
Will -- Executed in favour of neighbour - Widow of deceased testator is an old lady and entire agricultural property as well as house is bequeathed in favour of neighbour - In this old age it is difficult for widow to maintain herself - Defendant directed to pay Rs.7,500 p.m for maintenance to widow of testator, out of income which he would derive out of agricultural..........
Hindu Succession Act, 1956, Section 14 -- Property held by Hindu Female in lieu of pre-existing right of maintenance after coming into force of the Act, would blossom into complete ownership and therefore, she can deal with the same in any manner, she likes in accordance with law - No hurdles or fetters can be placed on such ownership...........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Registration Act, 1908, Section 17(1)(b), (c), Evidence Act, 1872, Section 92 -- Proviso(4) - Oral agreement - Effect of non-registration - Where the sale deed does not contain any recital to the effect that there were any terms and conditions attached to such sale and where possession had also been given - Any oral agreement laying down conditions in contrary, cannot be..........
Registration Act, 1908, Section 17(1)(b), (c), (1A) -- Where registration of document is compulsory - Any non-testamentary instrument either creating or limiting or extinguishing a right, in immovable property above value of Rs. 100/- is compulsorily registrable...........
