Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
partition suit
Self-acquired property of Mitakshara Hindu who died before 1956 devolves solely upon his male heir: Kerala HC
“Before the enactment of the Succession Act, succession to the property of Hindus, whether ancestral or self-acquired, was governed by the pristine principles of Hindu law as embodied in the Shastric texts and Smritis.”
SC restates principles on power, scope & grounds for Review Jurisdiction; Sets aside Madras HC review order on daughter’s status as co-parcener
“To wit through a review application, an apparent error of fact or law is intimated to the court, but no extra reasoning is undertaken to explain the said error”.
‘Compelling DNA test without imminent need violates right to privacy and dignity’: Karnataka High Court quashes order permitting DNA test in partition suit
“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”
Cases Reported in HCC | Latest Delhi High Court Cases on Commercial Courts Act & Partition Suit
Explore latest Cases reported in Law Reports on SCC OnLine, High Court Cases (HCC) on Interpretations on Commercial Courts Act, Rent Control, Partition, and Judicial Discretion.
Rajasthan High Court quashes Revenue Court’s order due to procedural lapse; calls for establishing Administrative Judicial Academy for legal training in Revenue Courts
“An independent and efficient judiciary is the bedrock of any democracy. In India, the increasing complexity of legal disputes burgeoning caseloads and evolving dimensions of justice delivery have necessitated continuous judicial education.”
Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities
“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”
Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates
The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.
Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement
The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.
In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim: SC
The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007
Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.
Madras HC | Daughters filed partition suit while disowning their registered release deed. As per S. 92 of Evidence Act, burden to adduce evidence sufficient to exclude written evidence will be on the daughters? Read on
Madras High Court: G. Jayachandran, J., the instant suit was filed with regard to the relief of partition and permanent injunction from
Madras HC | Under Hindu Succession Act, can an ‘ancestral property’ blend in with the ‘individual property’? Read to know
Madras High Court: G. Jaya Chandran, J., expressed that the individual property can blend with the ancestral property or with the joint
Bom HC | Relinquishment of self-acquired properties of a deceased by legal heirs. Will such release enure to benefit of all other legal heirs? Court explains
Bombay High Court: R.D. Dhanuka, J., held that relinquishment of properties held by the legal heirs of a person whose properties were
Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position
Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente
Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed
Delhi High Court: Pratibha M. Singh, J. allowed an application under Order 7 Rule 11 CPC filed by the defendant in the subject
Cal HC | Grievances ought to be first filed in the competent civil forum, before preferring a writ petition in High Court
Calcutta High Court: Tapabrata Chakraborty, J. dismissed a writ petition filed by the petitioner, Dr Kashninath Ghosh Hazra, under Article 226 of
Principles for applicability “res judicata among co-defendants” re-iterated: SC
Supreme Court: A Bench comprising of N.V. Ramana and M.M. Shantanagoudar, JJ., dismissed an appeal filed against the judgment of a Division
No abatement of suit in case of death of a party if right to sue survives
Jharkhand High Court: A Single Judge Bench of Shree Chandrashekhar, J., dismissed a writ petition filed against the order of the trial
Appeal against decree in partition suit languishing for 30 years, heard by 75 Judges, termed unfortunate
Delhi High Court: Disposing of an appeal filed in 1985 against a judgment and decree in a partition suit, the Court observed