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Showing posts from March, 2021
Unregistered partnership firm - suit between partners also not maintainable.
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Suit for recovery of money - unregistered firm can't maintain suit.
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Suit for recovery of money - unregistered firm can't maintain suit.
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unregistered partnership firm filed suit for possession against lessee - Restrictions will apply only when suit is filed by firm to enforce right arising from contract - suit institute under common law remedy by unregistered firm is maintainable.
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1200 சதுர அடிக்கும் குறைவாக உள்ள வீடுகளை கள ஆய்வு செய்யாமல் கட்டட வரைபட அனுமதி அளிக்கக் கோரும் அரசாணை
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Suit institute by unregistered partnership firm against third party taken on file - duty of civil judge to carefully scrutinize plaint before numbering.
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partition suit - non jointer of necessary party - plaintiff was entitled to share - grant an opportunity to implead necessary party.
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Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit by plaintiff.
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Transposition of adefendant can be ordered even after defendant has been set ex parte.
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A co defendant entitled to seek transposition as plaintiff, when original plaintiff withdraw suit or abandoned claim.
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oral family Arrangement is valid
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The period of limitation for a suit to set aside his father’s alienation of ancestral property is twelve years and the limitation commences when the alienee takes possession of the property
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Division of property through only by collector - There is no limitation for applying final decree.
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Application for drawing up of final decree - no subject to any limitation
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Collector is competent authority in share allotment
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In final decree proceedings property divided by the Collector and the parties had to be put in possession of their respective shares
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Relief of permanent Injunction restraining defendant co owner from alienating joint family can't granted without seeing partition.
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Purchaser of undivided share can compel non alienating members not to dispossess him without recourse to law.
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தகவல் உரிமை சட்டத்தின் கீழ் - Revenue Department பொது தகவல் அலுவலர் மற்றும் மேல்முறையீட்டு அலுவலர்களின் பட்டியல்
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Documents Required for filling motor vehicle àccident claim petition
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co-owner transfer to stranger of undivided share of dwelling house suit for injunction by other co owner is maintainable.
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Partition in dwelling house - outsider transferee could not claim joint possession - he has right to seek partition
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Transfer of share by co owner in dwelling house - Transferee has to seek partition - he can't force his way.
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A Purchaser from co owner of a portion of undivided property - not entitled to possession of any particular part - Transferee only entitled to enforce partition.
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co owner not in exclusive occupation of specific portion of property - can't transfer valid title to that portion of property.
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settlement deed - life estate - daughter was given only life Interest through settlement deed - it would not crystallize in to absolute right.
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possession of one co owner is deemed to be in a possession on behalf of the other co owner - court fee under section 37(2) is correct
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Agreement to sell executed by vendor - vendors wife has half share - vendee would not be entitled to seek specific performance of wife's share -
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Short delay in filing appeals under section 37 of the Arbitration Act can be condoned in exceptional cases. Here’s why Supreme Court overruled N.V. International verdict
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Agreement to sell of joint family property - Executed by D1 to D 6 - D7,D8 interested in Property not joined in agreement - purchaser discharge loan - decree in respect of D1 to D 6 property only.
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Suit for partition - Joint family property - privious mortgage - partition would be subject to redemption of it - Entire amount paid by plaintiff - brother would not be entitled to share
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Any ‘affected person’ can prefer the appeal and not just a senior citizen or parent
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Transfer of Property by one of co owner - transferee is entitled for possession.
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suit for partition - defendant claiming that amount spent by them Bonafide in improvement of suit property - only by counter claim - proper court fee must be paid.
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Widow of deceased renounces matrimonial house leaving mother-in-law in destitute; Mother and widow entitled to equal shares of family pension
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when a released deed is executed in respect of an undivided share, it will not benefit the releasee, but would benefit the joint family and consequently, all the remaining co-parceners.
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There was an unqualified right in a plaintiff to withdraw the suit as dominus litis was rejected by pointing out the exceptions to such right is pointed out by the Supreme Court
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Court grants permission to the plaintiff to withdraw a partition suit without giving notice to all the contesting defendants, it acts without jurisdiction, as the Court had denied the defendants their lawful right to prosecute the suit by getting transposed as plaintiff
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Defendant has already sought partition and separate possession by paying Court Fee and opposes the dismissal/withdrawal, it shall permit such defendant to transpose himself/herself as plaintiff and continue the suit, irrespective of whether he makes an application for transposition or not
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Partition suit - Withdraw by plaintiffs - defendant, who has now made the application to transpose himself as plaintiff cannot maintain the application to transpose himself as plaintiff where the proceedings in the suit were not pending before the Court.
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Electricity poles and HT line erected through plaintiffs property without his consent - civil court has jurisdiction to entertain mandatory injunction to remove the line.
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Partition suit - Plaintiffs withdraw suit - Compromise with one of the defendant - each defendant in a partition suit seeking his or her share is in the position of co-plaintiff, the Court ought to have permitted the fifth defendant to continue the suit by transposing her as the plaintiff
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Execution of settlement deed is not denied - Attesting witness need not to be examined - Properties purchased should also be considered as joint family properties acquired in name of karta.
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