Easements Act, 1882, Section 18 -- Customary easement - Plaintiffs had based their claim on easement of necessity or in any case on their right of way in terms of Deed of 1921 - However, there were no pleadings about customary easement but rather pleadings were concerning easement of necessity and/or right of way based upon said Deed - In absence of any pleadings about..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Will executed by deceased in favour of his wife giving life interest and after her demise her three sons should enjoy property in equal shares - Ultimate legatees are grandchildren of deceased - Out of three sons of deceased, one died and other son was made party to suit -..........
Advocate on record -- Partnership firm of advocates - Permission to write different style of names - Petitioner who is registered as an Advocate on Record with Supreme Court seeks to state in his letter head and while filing Vakalatnama as `Law Chambers of Siddharth Murarka' - This is the style petitioner seeks to adopt by reference to Law Chambers with his name following..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Non-joinder of parties does not fall in term `formal defect' embodied in O.23.R.1(3) CPC - Application rejected...........
Will -- Genuineness - Revenue authorities are not competent to decide genuineness of Will - If beneficiary wants to stake his claim on the basis of Will, then he has to establish his title by filing a properly constituted civil suit before the competent Court of Civil jurisdiction...........
Criminal Procedure Code, 1973, Section 438(2) -- Anticipatory bail - Granted subject to deposit of Rs.41 lakhs in Court and upon furnishing personal bond in the sum of Rs.Fifty thousand - Dispute pertains to agreement to sell and amount of Rs.41 lakhs is alleged to be paid to accused - By imposing condition of deposit of 41 lakhs in an application for pre-arrest bail, High..........
Jurisdiction -- Objection thereto - Passing of interim orders - Where an objection is taken to jurisdiction to entertain a suit and to pass any interim orders therein, Court should decide question of jurisdiction in the first instance - However, that does not mean that pending decision on question of jurisdiction, Court has no jurisdiction to pass interim orders - A mere..........
Partition suit -- Seeking relief of declaration against agreement set up by defendants - Alleged agreement to sell by itself does not create any right in the property, except right of obtaining sale deed on that basis - Suit for partition is maintainable without seeking declaration against agreement to sell...........
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 11, 46 -- Surplus land - Disclosure of pendency of civil suit - Once disclosure of pendency of civil suit was made, proceedings regarding acquisition of surplus land should have been kept in abeyance to await decision of Court...........
