Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Hindu Law -- Joint Family property - Petitioners are claiming their rights on property in dispute as joint or Co-tenure holder, as property had been purchased from the funds of joint Hindu Family - However, petitioners failed to prove the same and in absence of any evidence to that effect petitioner could not have been granted the benefit of getting the property treating..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Petitioner contended that suit property claimed by plaintiffs encompasses the property purchased by him from defendant - Even if it is assumed that petitioner is a purchaser pendente lite and even if it is treated to be not bonafide purchaser, yet since the sale is brought about by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband - Deduction from gross salary of husband due to payment for premium of insurance or instalment of plots purchased by him cannot be taken into consideration as no such deduction from gross salary is permissible under law...........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Allegations with regard to inducement are only qua co-accused - There was no transaction of any nature directly between present accused and complainant - Only allegation against accused is that co-accused executed GPA in favour of complainant in respect of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - If a property is purchased for the benefit of minors, whether such property can be disposed off in any manner without permission of Court would be a question to be decided in appropriate suit and not in a suit u/s 6 of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Joint family property -- Court may presume u/s 114 Evidence Act the existence of fact that property purchased by husband in the name of wife who is homemaker and does not have independent source of income, is property of family...........
