Civil Procedure Code, 1908, Section 9, Coking Coal Mines (Nationalisation) Act, 1972, Section 23 -- Claim against erstwhile owner of coal mine - Suit for recovery of amount - Challenge to the jurisdiction of civil court on the basis of Sec.23 - - Forum under S.23 is an additional forum - It does not oust the jurisdiction of Civil Court...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution proceeding - Arrest and detention of Judgment debtor - Order directing his committal to civil prison - No steps as contemplated under Sec.51 and Order 21, C.P.C. was followed - Execution Court ought to have exhibited care and caution to ensure that each step is followed scrupulously - Order committing petitioner to..........
Civil Procedure Code, 1908, Section 60 -- Attachment of property - Exclusion of property of an agriculturist - Not excluded - Only Building and Houses excluded in Sec 60 - Objection as to sale of agricultural land in execution of decree liable to be rejected - Further plea that such sale is prohibited in view of bar under S.37 of Rajasthan Tenancy Act also not tenable..........
Partnership Act, 1932, Section 69(2), Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit by registered partnership firm - Trial Court dismissed suit on the sole ground of failure to establish that the person suing is or has been shown in the register of firms as one of the partners of the firm - Suit cannot be dismissed on the ground that pre-requisite conditions of..........
Registration Act, 1908, Section 17(1) -- Past transaction - Whenever the past transaction is recorded in a document and so long as the document by itself does not create any right between the parties such a document does not require registration - Only those documents under which right is created are hit by Sec.17(1) of the Registration Act...........
Civil Procedure Code, 1908, Section 10 -- Applicability - Four conditions to be fulfilled - firstly, the matter in issue in the second suit is also directly and substantially in issue in the first suit; secondly, that parties in the second suit are the same or parties under whom they or any of them claim litigating under the same title; thirdly the Court in which the first..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale in contravention of sub-sec.1 or sub-sec.2 is voidable at the instance of minor - Minor not challenging sale within three years from attaining majority - Has no right to ignore the sale as void...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale in contravention of sub-sec. 1 or sub-sec.2 is voidable at the instance of minor - Minor not challenging sale within three years from attaining majority - Has no right to ignore the sale as void...........
Court Fees Act, 1870, Section 7(ivB) (b) and 7 (v) -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable and the Court fee payable would be under section 7 (iv-B) (b) and not Sec.7 (v) of the Act...........
Hindu Succession Act, 1956, Section 14(2) -- Joint Hindu Family Property -Female for the first time acquiring title therein as a grant with restrictive estate under an instrument with no pre- existing title - Sub-sec. (2) of S.14 of the Act is attracted - Restrictive covenant of the instrument would be binding on her - She will not get an absolute title or right thereof..........
