December 2019

Accident–Claim Petition- Held; to throw proper light on the controversy examination of eye witnesses is necessary-Application under 0.41 R.27 CPC allowed-Civil Procedure Code, 1908, 0.41 R.27

By | December 2nd, 2019|Categories: Claim Petition|

Agreement to Sell-Readiness and Willingness-Affidavits with regard to marking of presence of defendants have to be proved-Mere exhibitions of documents does not dispense with its proof.

By | December 1st, 2019|Categories: Specific Performance|

Limitation Act, 1963, Art. 110–Suit for Declaration-Exclusion from joint/ancestral property—Limitation to file suit where a person is ousted from ancestral property would be 12 years as per Article 110, thus, Article 58 would not apply.

By | December 1st, 2019|Categories: Limitation Act|

Specific Relief Act, 1963, S.34~Suit for Possession-In case of sale of share by a co-sharer, remedy of the plaintiff (buyer) would be to seek partition—Plaintiff stepped into the shoes of erstwhile co-owner and shall be treated as a co- sharer—Plaintiff if does want joint possession, can seek protection of possession qua share already in his possession. 

By | December 1st, 2019|Categories: Specific Relief Act|

Injunction–Dispossession–Landlord cannot forcibly take the possession from the tenant, even though tenant has not been successful in seeking restraint against forcible interference and dispossession.

By | December 1st, 2019|Categories: Specific Relief Act|

November 2019

Cruelty to Wife—It has now a days become a trend in our society to fleece the husband side by leveling shocking allegations which stir the conscience of the Court and the trend of slapping of Sections 376 and 377 IPC— Anticipatory Bail granted

By | November 28th, 2019|Categories: Anticipatory Bail|

Specific Relief Act, 1963, S.34-Suit for Partition-Plaintiff cannot seek partition by way of separate possession by merely relying upon entry in jamabandis in absence of site plan and subsequent sale deeds.

By | November 27th, 2019|Categories: Partition Proceedings|