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A party to a compromise cannot become an appellant against its consequences. The Himachal Pradesh High Court held that a final decree passed on agreed terms between co-sharers was a consent decree, attracting the express prohibition contained in Section 96(3) CPC.
Supreme Court has held that a compromise under Order 23 Rule 3 CPC must be signed by the parties or a duly authorised representative, and that an advocate cannot bind a client to a compromise affecting valuable property rights solely on implied authority
The Supreme Court held that a partition decree determining shares, possession, mesne profits and mode of sale can be executable without a separate final decree, setting aside M.P. High Court orders that stalled execution proceedings.
“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
“Merely because Patta and Kist Receipts stand in the name of defendant, and because the plaintiff did not raise any objection for the same, the presumption of joint possession of a co-owner cannot be dislodged”
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
“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.”
“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”.
“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.”
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.
“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.”
“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.”
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.
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.
The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.
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 High Court: G. Jayachandran, J., the instant suit was filed with regard to the relief of partition and permanent injunction from
Madras High Court: G. Jaya Chandran, J., expressed that the individual property can blend with the ancestral property or with the joint
Bombay High Court: R.D. Dhanuka, J., held that relinquishment of properties held by the legal heirs of a person whose properties were
Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente