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Showing posts from April, 2024
widow succeeds as a heir to her husband - She fully represents the estate, the interest of revisioners therein being only spes succession
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Partition between father and son - Share allotted to father is not his separate property,it is treated as joint family property - afterthe father's death his widow would be entitled to succeed to the whole of the properties obtained onpartition, excluding the divided son.
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Hindu earning salary and emoluments from - They are his self-acquired and not partible properly - separate properly means only self-acquired properly - not the proeprty received under partition.
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Husband death on 1937 - widow entitled to husband's interest in the coparcenary property-agricultural as well as non-agricultural - right of the coparceners to take that interest by survivorship on Chando Kuer's death was then extinguished.
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1937 Act inapplicable to Agricultural lands Said Act made applicable to Agricultural lands only in 1947 - Owner of Agricultural property died in 1937 and his only son died in 1940 Consequently, female heirs of owner not acquiring any right in property by virtue of bar contained in 1937 Act
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Where on the date of death of the husband the widow acquired no interest in the agricultural lands by virtue of the Act - she could not claim share in the produce of the lands which upon her husband's death become the sole and exclusive property of the surviving coparcener - Right of succession or survivorship must be determined as on date of death of husband, not as on date of the institution of suit by widow.
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Widow in Madras is not entitled to share in agricultural land left by her deceased husband, when the Act had not come into force at the time of her husband's death.
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Hindu Women's Rights to Property (Extension to Agricultural Lands) Act (26 of 1947), S.3 - Retrospective operation.
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stridhan property does not become a joint property of the wife and the husband. The latter “has no title or independent dominion over the property.
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'Stridhan' Is Wife's Absolute Property, Husband Holds No Title Over It: Supreme Court Reiterates
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The provisions of Order 34 Rule 5 CPC is available to a mortgagor in the case of a mortgage decree till the confirmation of sale - provisions of Order 34 Rule 5 CPC stand on a different footing and on a higher plane from the provisions of Order 21 Rule 89, 90 and 92 of the CPC - there can be no clog on redemption until the sale is finally concluded by orders of Court or by confirmation of sale or by sale becoming absolute as per Order 21 Rule 92 CPC
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suit for partition, decree was passed - Amin filed a report stating that a 3rd party has put up construction in the suit land and prayed for suitable orders for removing the obstruction - removal of obstruction ordered with police aid - obstruction removed delivery effected - Respondent filed petition under order 21 Rule 97 - rejected as Unnumbered - High court ordered to number the petition.
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Power Of Attorney Holders Cannot Give Evidence About Facts Which Are Within Personal Knowledge Of Persons They Represent: Supreme Court
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Delay of 1734 days in filing suit - Dispute between an advocate and litigant cannot constitute ground to condone delay of 1734 days - Delay not liable to be condoned.
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court directed 8th respondent to furnish security - an order passed in the application filed under Order 38 rule 5 would not come under purview of appealable orders appeal not maintainable.
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Even though a duty is cast upon the Advocate to represent his client, the contention of the revision petitioner that he was waiting for a call from his Advocate and since there was no response, he did not contact his Advocate and in the above said circumstances, the ex-parte decree came to be passed, cannot be accepted.
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Allegations of negligence against counsel is not a ground to condone delay because the party has an equal responsibility to follow up the matter.
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Negligence of advocate cannot be held to be a 'sufficient' or 'just cause' to entertain a condonation of delay application
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If Arbitration Award Not Challenged UnderSection 34, Can't Be Challenged At Execution:Madras High Court
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Though last Will superseded previous will, absence of reference about the first Will is a grave suspicious circumstance.
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Partition suit by sons of female through second marriage - not maintainable.
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Dispute as to entitlement to receive compensation determined under section 3-G to be referred to and decided by the principal civil court of original jurisdiction
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Contention of the association and residents of the anna enclave that the roads shall only to be treated as private and they are entitled to restrict the movement of the neighbours and general public by constructing a compound wall, is hereby rejected.
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Partition suit - Question of title - In a suit for partition, the Civil Court cannot go into the question of title, unless the same is incidental to the fundamental premise of the claim - court fee for declaration suit based on property value - in partition suit court fee paid only on share on plaintiff.
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Joint family property alienation by father as kartha - there is no proof of legal necessity - alienation by father, held,not valid, except to the extent of his share.
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Suit property sold by Plaintiffs' Father and some Brothers - Plaintiffs held to be entitled to share in Suit property - Plaintiffs not parties to Sale Deed - Held, Sale Deed not binding on Plaintiffs.
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Partition - Final Decree - court can direct to produce Encumbrance certificate - Lis Pendence Purchaser can be Impleading in final decree proceedings - Order passed in maintainability of petition under order 21 Rule 97 is a decree - appeal maintainable.
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Sale Deed in favour of ealder brother - being part of sale consideration, purchasers to discharge the mortgage loan of vendor - younger brother executed mortgage deed to discharge the above mortgage - Younger brother entitled to 50% of share.
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Ancestral property - sold by father after 2005 - not binding on daughters - daughters entitled to partition
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Original mortgagor should have redeemed the property within 30 years - If he failed to redeem the property within 30 years, suit should be filed within 12 years However, original mortgagor neither redeemed the mortgage within 30 years nor filed any suit within 12 years - Suit was barred by limitation.
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Arbitration clause permit unilateral appointment of sole arbitrator - not valid
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Sale of property after execution of sale agreement - the subsequent purchaser should be added as a defendant and should be made to join execution of the Sale Deed - contract of sale by itself does not create any interest over immovable property - agreement holder can't claim declaration that the sale deed executed by the third defendant in favour of the fourth defendant is bad,
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Application/suit under Section 92 seeking permission to sell Trust property is maintainable
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The seller had defaulted in his obligation to measure and demarcate the property, the question of the buyer being obligated to pay the remaining balance consideration does not arise
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[Road Accident] Smelling Alcohol In Breath Not Itself Ground To Attribute Contributory Negligence, Must Assess Alcohol Level In Blood: Madras HC
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Grama Natham - who are already in occupation of the village Natham or Gramanatham are the absolute owners having title to dispose of the same - Notice under section 7 issued by Tahsildar quashed - Public Street in grama natham belonging to government,can clear encroachment - Any land that does not yield revenue is known as Poramboke
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If the mortgage deed is silent about date of repayment - limitation starts for filing redemption suit starting from mortgage deed is executed.
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Application for delivery of Possession - Ameen went to property - Judgement debtors obstructed court ameen - based on ameen report, court directed the petitioner to file petition under rule 97 - petition filed beyond 30 days - maintainable.
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Section 47 CPC Cannot Be Invoked In Enforcement Of Arbitral Award Before Executing Court: Karnataka HC
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Can Debts Recovery Tribunal Entertain A Claim For Less Than Rs.10 Lakhs Under SARFAESI Act? Delhi High Court Answers
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Service On Whatsapp Number And Email Address Mentioned In The Agreement Constitutes A Valid Service: Delhi High Court
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Easement By Necessity Not Available When There Is Alternative Way To Access Property: Supreme Court
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Counter claim outside Pecuniary jurisdiction of Court - Plea of Defendant that Suit ought to have been transferred to another Court, unsustainable - Trial Court also directed to return Written Statement filed along with Counter-dalm-Written Statement to be filed separately .
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Counter claim by the Defendant can be entertained at any stage to avoid multiplicity of judicial proceedings - claim is not hit by law of limitation or exceeding pecuniary jurisdiction of the Court.
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Additional Written Statement - Inconsistent defence - Raising of inconsistent pleas in Plaint, not permissible - Rigid restrictions applicable to amending of Plaint, not to be applied in case of receiving of additional Written Statement.
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Suit for partition - suit property was sold in year 2002 itself and plaintiffs being female heirs, had no subsisting right, title or interest in year 2002 - Said application rejectedon account of being mixed question of fact and law - Plaint not liable to be rejected.
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Property obtained by gift is self acquired property.
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Sale made by coparcener prior to 20th December, 2004 is saved under proviso to S. 6 of Act - daughter has no right over the property which was already sold.
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Partition suit by sister - Brother though pleading that partition already took place but, neither sisters were made party to said partition deed - said partition deed cannot be considered as document evidencing partition - Coparcenary remained intact, sisters entitled to equal share in suit property.
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Encroachment of portion of Property - suit for declaration of title and delivery of Possession after removal of Superstructure - decreed
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Suit for setting aside alienation of minor's property by his guardian - Limitation period is of 3 years from date of attaining majority u/Art. 60 - Arts. 109, 110 or 113 do not apply - Suit instituted within 3 years from date of attaining of majority of first Plaintiff not barred by limitation.
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Auction purchaser filed petition for delivery of Possession beyond one year from the date of confirmation of court auction sale - Barred by limitation.
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Property specified as "Natham" - it doesn't belonging to government - Government is not necessary party.
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No Valid Documentary Evidence Produced For Substantiating Any Enforceable Debt Or Liability: SC Upholds Acquittal In Cheque Dishonour Case
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Specific Declaration That Document Is Invalid Not Necessary If It Ex Facie Reveals That Conveyor Doesn't Have Title - If Deed Was Executed By Person Without Title, Successors Cannot Enforce Rights On Property Based On Such Deed: Supreme Court.
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Widow acquired property after death of her husband by way of inheritance - who died before 1956 - become absolute owner of property by virtue of section 14.
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Imposition Of Three Times Bank Interest By MSME Facilitation Council Is Violation Of Principles Of Reasonableness And Fairness: Madras High Court
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Legal Heirs Of Deceased Partner Do Not Become Liable For Liability Of Partnership Firm Upon Partner's Death- commercial transaction outside the purview of consumer protection Act - Supreme Court
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Amendment Of Pleadings Under Order VI Rule 17 CPC Is Applicable To Objector Application Under Order XXI Rule 97 CPC.
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