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July 30, 2022
"son or daughter" it meant only a legitimate son and legitimate daughter of the female vendor - Illegitimate Son have no right to partition
July 30, 2022
Hindu Succession Act does not place embargo on female to execute Will Succession would apply only in a case where Female Hindu dies intestate.
July 30, 2022
Right to pre Emption not applicable to Agricultural land
July 30, 2022
Once the share of a coparcener is determined, it ceases to be a coparcenary property. The parties in such an event would not possess the property as "joint tenants" but as "tenants-in-common".
July 30, 2022
The word "inheritted" in a 15(2) has not been used in a loose way and would not include receipt of property from the father or mother during their lifetime
July 30, 2022
Death of Hindu male estate holder - Inheritance of his estate by his two widows Suit by his daughter - against widows - Hindu Succession Act coming into force pending suit - Contention of daughter that S.8 applies and that therefore she is entitled to share in estate - Contention overruled - S.8 does not apply - It is not retrospective - Succession already opened and estate vested in widows.
July 30, 2022
Any property of female Hindu, if inherited by her from her father or mother would not fall under sub-section (1) of Section 15.
July 30, 2022
The two exceptions mentioned above are confined to property 'inherited' from the father, mother, husband and father-in-law of the female Hindu and do not affect property acquired by her by gift or by device under a Will of any of them - if property is inherited by a female from her father or her mother, neither her husband or his heirs would get such property, but it would revert back to the heirs of her father.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Property was inherited by her from her parent or parents, it shall not pass to her husband or to her husband's heirs where she dies without children or children of predeceased children.
July 30, 2022
Authority can not refuse to provide information under RTI on ground that investigation is pending
July 29, 2022
Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh HighCourt
July 29, 2022
Relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice.
July 28, 2022
This was an appropriate case where the defendants should lead the evidence first.
July 27, 2022
In a partition suit, all parties stand on the same pedestal and every party is a plaintiff as well as a defendant - Trial court could grant relief even to non-appealing plaintiffs - Some of plaintiffs whose claim was denied by trial court and who had not challenged same by way of appeal before first appellate court, held, are entitled to relief in second appeal.
July 27, 2022
In the absence of partition of property by metes and bounds, either by decree of a court in a partition suit, or by settlement among the co-sharers, possession cannot be handed over to vendee.
July 26, 2022
Postmortem Report By Itself Not A Substantive Evidence, Can't Discharge Murder Accused Only Based On It: Supreme Court
July 26, 2022
IT is the civil court which has to adjudicate the question as to whether the person claiming patta is the title-holder of the land
July 26, 2022
An applicationunder Order VII Rule 11 of the CPC can be filed at any stage,
July 26, 2022
Undivided share of coparcener can be subject matter of sale/transferr Possession cannot be handed over to vendee unless property is partitioned either by decree of Court in partition Suit or by settlement among co shares
July 26, 2022
plaintiffs sues, nor for partition of a fractional share of undivided land, but for a specific portion of divided land, court fee is payable under 1.7)(d), Court Fees Act on the market value of the property
July 26, 2022
The purchaser of a co-parcener's undivided interest in joint family property is not entitled to possession of what he has purchased
July 26, 2022
Debts Father "- Personal debt by father, who was a junior member of coparcenary Sons are liable, when debt is not immoral - Father's undivided share including the shares of his sons can be sold Sons need not be - parties- Partition suit by execution purchaser.
July 26, 2022
"A person, who purchases an undivided share of a co-parcener of a joint Hindu family, cannot claim to be put in possession of any definite piece of family property
July 26, 2022
court auction purchaser of an undivided share is entitled to possession only from the date when the specific allotment is made in his favour and a specific allotment cannot be said to have been made by mere division in status
July 26, 2022
Alienation by coparceners of undivided interest Alienee not entitled to possession of
July 26, 2022
The position is well-settled that the undivided interest of a coparcener may be attached and sold in his lifetime in execution of a decree against him for his personal debts.
July 26, 2022
A Court auction purchaser of an undivided interest of a co-parcener in a joint Hindu family cannot be inducted into joint possession with erstwhile co-parcener - suit brought within twelve years from the date when the sale became absolute would be within time.
July 25, 2022
It is well established principle of law that unless and until the property is partitioned, the co-sharer can only sell to the extent of his share, but he cannot sell any specific portion of the land
July 25, 2022
Defendant made serious attempts to allenate property - Plaintiff had made out prima facie case for attachment of property- Order directing Defendant to furnish security within stipulated period is upheld.
July 25, 2022
Defendant failing to furnish security but filing counter denying allegations made in affidavit - Mechanical attachment cannot be ordered even if Defendant fails to furnish security.
July 25, 2022
Court can attach only so much property of Defendants as would be sufficient to satisfy Decree that might be passed and no more
July 25, 2022
Defendants were proceeded ex parte and were found not to have led any evidence, Court could only proceed under O. 17 R. 3(b) r/w. O. 17 R. 2 of CPC for disposal of suit - Such decree, was "ex parte decree" and, therefore, could be set aside on making out sufficient ground by defendants.
July 25, 2022
Religious endowment - Private trust - Private and public trust - Distinction between.
July 25, 2022
Relaxation for renewal of notary practice certificate beyond six months from expiry vide Notaries (Second Amendment) Rules, 2022
July 24, 2022
When can Court invoke its Power to effect an attachment under Or. 38 R. 5 of Civil Procedure Code
July 24, 2022
Agreement for sale creates an obligation attached to the ownership of property and since the attaching creditor is entitled to attach only the right, title and interest of the judgment debtor, the attachment cannot be free from the obligations incurred under the contract for sale
July 24, 2022
Mode of - Court which passes order of attachment in respect of properties situated within jurisdiction of another Court Failure of said Court to send order of attachment to District Courts within whose jurisdiction attached property is situated Does not invalidate attachment.
July 23, 2022
petitioner has obtained a stay of all further proceedings in execution - Despite being aware about the stay of all further proceeding in execution, which included the auction purchase by the 1st respondent, 1st respondent has filed the instant suit, which is nothing but a re-litigation
July 23, 2022
Witness identified his signature in photocopy Plaintiff opposed admitting of such document Plaintiff's signature in photo copy tallied with Plaintiff's adnitted signature and contents of documents could not be challenged by Plaintiff Held, on facts photo copy could be admitted in evidence.
July 23, 2022
A decree which is passed ex parte is as good and effective as a decree passed after contest.
July 23, 2022
A decree which is passed ex parte is as good and effective as a decree passed after contest.
July 23, 2022
It is well settled that an ex parte decree is binding as a decree passed after contest on the person against whom such an ex parte decree has been passed - ex parte decree is good and effective as a decree passed without any protest unless the decree is set aside in the manner known to law.
July 23, 2022
Advocate Fee calculation for execution petition.
July 23, 2022
A Trust property cannot be alienated unless it is for the benefit of the Trust and/or its beneficiaries.
July 22, 2022
Dispute regarding dissolution of partnership firm and aspect of rendition of accounts and distribution of accounts needs to be referred to arbitrator
July 22, 2022
This is a case where the party was at fault. The reporting of no instructions was deliberate - The party and the Counsel has acted deliberately and did not adduce evidence Need not send Notice to parties - case may be decided on merits
July 22, 2022
"It is incumbent on the court in such cases to issue notice to the parties who were admittedly not present on that date when their Counsel reported no instructions in the court.
July 22, 2022
If on the date of trial the defendants is absent the court cannot proceed under Order 17, Rule 3, Civil Procedure Code, but should proceed under Order 17, Rule 2, Civil Procedure Code by setting the defendant ex parte and decreeing the suit after recording the evidence, if the plaintiff's claim is proved.
July 22, 2022
when the parties were not present, when the counsel reported no instructions, the court ought to have issued notice to the parties
July 22, 2022
If the parties are absent, the court below ought not to have decide the matter on merits
July 22, 2022
if substantial portion of the evidence of any party had already been received and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may in its discretion, proceed with the case as if such party' were present.
July 22, 2022
if substantial portion of the evidence of any party had already been received and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may in its discretion, proceed with the case as if such party' were present - IT is not an ex parte disposal, but a judgment rendered on merits. The application under Order 9, Rule 13, C.P.C. was rightly dismissed .
July 22, 2022
Absence of parties to the suit On the date fixed for evidence - O. 17, R. 2 and not R. 3 thereof applies and Court can proceed ex parte under O. 9, Civil P.C. Also, subsequently - defendant can file an application under O. 9, R. 13 for setting aside of ex parte decree.
July 22, 2022
Decree, whether ex parte decree or passed on merits - Suit posted for evidence Counsel for defendant not present - Defendant - Though present not able to participate - Evidence closed and suit adjourned for judgement - Decree passed is ex parte decree.
July 22, 2022
Use of Public Park - As Micro Composting Centre (MCC) In implementation of Solid Waste Management Rules of 2016 - 'permissible deviation' under Act of 1971 r.w. Development Control Rules framed thereunder.
July 21, 2022
Dismissal of Suit for non-filing of Proof Affidavit - only an Appeal would lie against such Order; Application filed by Plaintiffs under Order 9 for setting aside Order of Dismissal, held, not maintainable.
July 21, 2022
Courts-Transfer of Suit No Notice to Defendants Judgment delivered in absence of Defendants - which can be set aside under Order 9, Rule 13
July 21, 2022
During pendency, Suit transferred to another Court- No intimation in respect of transfer Ex parte Decree passed - Litigation not to be terminated by default of Plaintiff or Defendant-Adjudication to be done on merits, as far as possible- Appeal allowed,
July 21, 2022
DURING PENDANT OF CIVIL SUIT RDO HAS NO POWER TO TRANSFER PATTA
July 21, 2022
Once the right of the parties in the preliminary decree is declared by the Court which issued the decree and when such decree is not stayed or set aside, such decree is also entitled to be registered, if the parties wish to do so.
July 20, 2022
Services – Real Estate – Delay in allotment of Apartment - Thus direct the Opposite Party to refund the entire amount paid by the complainant i.e., Rs. 19,01,325/- along with interest.
July 20, 2022
An application under Section 9 of the A&C Act for pre-award relief can also be filed before the Court where the assets of the respondent are located.
July 20, 2022
Real Estate – Delay in handing over physical possession - deficiency in service on the part of the Opposite Party - directed to refund the amount Rs. 24,25,000/-.
July 19, 2022
Tribunal can adjudicate and declare right of parties in respect of Secured Asset - Suit filed by Plaintiff is not maintainable which is expressly barred under Act
July 19, 2022
Appeal against Order for obtaining possession under Section 14 is maintainable - Appeal can be entertained even before handing over of possession to Secured Creditor in pursuance of Order passed under Section 14
July 19, 2022
Petitioner, who is neither a Borrower nor Guarantor or Transferee from Borrower, is required to pay Court fee on amount of debt due Act does not distinguish between Borrower, Guarantor or any other person - person-Petitioner is liable to pay fee as prescribed under Rule 13(2)(1)(c) & (d) on amount of Debt due.
July 19, 2022
Withdrawal of Appeal - Contention of Bank that pre-deposit amount should be set off against dues of borrower is untenable - Borrower is entitled to get refund of pre-deposit amount upon withdrawal of Appeal.
July 19, 2022
Jurisdiction-Tribunal has jurisdiction to entertain Appeal even in respect of daim less than Rs. 10 Lakh
July 19, 2022
suit was dismissed for technical reasons, which decision is not an adjudication on merits of the dispute that would operate as res judicata
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