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Showing posts from May, 2020

Testator had no power or authority to dispose of by will ancestral properties in his hand

Undivided interest in joint family - can't be bequeathed

SC:Handwriting expert opinionis only an opinion, not conclusive - Signature on cheque not denied - accused liable to be convicted.

VAO is public authority under RTI act

Plaintiff is entitled to have the pipeline connection to his land through Poromboke as prayed for and the defendants are restrained from interfering with the same

A person having 2-C patta, at the best can enjoy the usufructs of the grown up trees in the said land and cannot have any right or claim over the said land itself

The trees standing in such lands vested with the Panchayat, the entire rights of the Government will stand transferred to the Panchayat of the village concerned and the Panchayat will be entitled for the exploitation of the usufruct of the trees standing in such poramboke.

In order to be classified as ancestral property in which the descendants acquire a right by birth, it should be shown that it devolved by succession for more than three generations

survey was conducted only in the year 2004, suit should have been filed within three years from the date of notification under Section 13 of the Act - barred by limitation

Partition suit can't be dismissed only on the ground of non jointer of necessary parties

Interim injunction granted in the suit will not only bind the defendant but also the plaintiff

Advance amount can be refunded without specific prayer for refund of advance amount

Document executed by the mother of the minor child could not be said to be void and it is only voidable

Order 8 rule 6A doesn't put any embargo on filing counter claim after filing written statement

Plaintiff can't be forced to add party against his will - subsequent purchaser pendente lite has to work out his remedy only with his vendor

circular regarding production of life certificate

Recitals in mortgage by conditional sale- mortgage by conditional sale comfirmed

Unregistered and unstamped sale deed could not be looked into even for colletrol purpose- failure to objection at the time of marking, not fatal and could be raised subsequently

When the document is registered documents, xerox copy is not admissible as secondary evidence, - mortgage executed by the minor either by himself or as guardian is also held void

Divorced wife was not entitled to family pension

During subsistence of first marriage, conducting second marriage is void - merely because second wife was made as a nominee of the deceased,it would not automatically confer any right as legal heirs

Agreement to sell - which had been sold prior to agreement - law permits victim to take proceeding both civil and criminal against wrong doer

How to prove whatsapp messages in court