Agreement to sell -- Specific performance - Owner of property a private limited company - Agreement to sell by one of the Directors of company - As per articles of association of company, to sell property of company, a decision of Board of Directors was required which is absent in the instant case - Held, it may not be proper to direct specific performance of such an..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Once plaintiffs came in possession of suit land with aid and assistance of police pursuant to order passed by CJM, it cannot be said that defendants entered into suit property with consent of plaintiffs or in due course of law - Provisions of S.6 of the Act thus, attracted - Findings of trial Court regarding non..........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Hindu male died intestate leaving behind a female heir specified in Class-I of Schedule of the Act and there existed a Hindu Undivided Family (HUF) - Consequently, in view of S.6 of the Act on death of Hindu male there was deemed to have taken place a partition in family with such shares falling to parties..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, but purchaser takes the property subject to rights of transferor in pending suit...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order..........
Dowry Prohibition Act, 1961, Section 6 -- Suit for recovery of dowry and gold ornaments by wife - Maintainability - Husband received the amount of dowry from father of wife as a trustee - Trust property is not transferred for the benefit of wife - Suit held, maintainable u/s 6 of Dowry Prohibition Act and wife is entitled to recover the amount of dowry...........
Criminal Procedure Code, 1973, Section 102 -- Seizure/attachment of immovable property - Power of police u/s 102 Cr.P.C. - Where I.O. has reasonable material to belief that immoveable property is acquired from ill-gotten money and said property is required to be saved/protected from being alienated during pendency of case, he is at liberty to take appropriate steps in..........
Hindu Succession Act, 1956, Section 15(1) -- Succession - Female Hindu died intestate leaving property inherited by her from her paternal side - Held, such property will devolve exclusively in her children and not in her husband - Only if she has died issueless, then, in that case, such property will devolve, as per S.15(1) of Succession Act, which includes, not only her..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
