AI Overview...
- Legal Terminology for Petitions Not Pressed
- The phrase suing for partition does not necessarily mean filing a suit initially; it can include legal actions like applications or petitions for partition or related relief (e.g., Kabita Acharya VS Basanta Kumar Layak - Orissa, Kabita Acharya VS Basanta Kumar Layak - Current Civil Cases, Ittoop Philip VS Appukutta Menon - Kerala, Ghantesher Ghosh VS Madan Mohan Ghosh - Supreme Court).
- Courts have recognized that terms such as pressing into service or pressing can refer to various legal procedures, including applications or petitions, and not only formal suits (e.g., Kabita Acharya VS Basanta Kumar Layak - Orissa, Kabita Acharya VS Basanta Kumar Layak - Current Civil Cases).
-
The terminology used in legal documents or proceedings often encompasses a range of legal actions, including execution petitions, applications, or proceedings for partition, emphasizing that the specific language does not restrict the nature of the legal remedy sought.
-
Insights and Interpretations
- The courts have clarified that suing for partition is a broad concept that includes any legal action aimed at partition, not solely the filing of a suit in the traditional sense (e.g., Kabita Acharya VS Basanta Kumar Layak - Orissa, Kabita Acharya VS Basanta Kumar Layak - Current Civil Cases, Ghantesher Ghosh VS Madan Mohan Ghosh - Supreme Court).
- In cases involving land acquisition or property disputes, the terminology used in notifications or declarations (e.g., under Section 6 of the Land Acquisition Act) is not determinative of the legal validity; substance and context are more important (e.g., Jagdish Rai VS State Of Haryana - Punjab and Haryana).
-
The language employed in legal proceedings, such as pressing into service or not pressed, should be understood in the context of the overall legal process, including applications, petitions, or other legal remedies, rather than strict formal suits.
-
Analysis and Conclusion
- Legal terminology related to petitions or actions not explicitly labeled as suits should be interpreted broadly. The courts have consistently held that actions like applications for partition or execution petitions are encompassed within the concept of suing or pressing for partition, regardless of the specific terminology used.
- This understanding prevents procedural technicalities from obstructing legitimate legal remedies, ensuring that the substantive purpose of the action—such as partition or property rights—is prioritized over the form of the legal document or procedure.
- References: Kabita Acharya VS Basanta Kumar Layak - Orissa, Kabita Acharya VS Basanta Kumar Layak - Current Civil Cases, Ittoop Philip VS Appukutta Menon - Kerala, Ghantesher Ghosh VS Madan Mohan Ghosh - Supreme Court, Jagdish Rai VS State Of Haryana - Punjab and Haryana, Brown Leather Company VS State of Tamil Nadu and Others. (And Batch) - Madras, S. Nagarajan VS Gudlu K. Ranagasamy Chettiar alias Rangasamy (Deceased) and others - Madras, Sourashtra High School Council VS Sourashtra Girls Vidya Sangam - Madras, State of Tamil Nadu Rep. by its Secretary, Department of Revenue VS Chinna Karuppaiah - Madras.
Search Results for "Legal Terminology for Petitions Not Pressed"
2017 0 Supreme(Ori) 157 • India - Orissa
AKSHAYA KUMAR RATH
before Sec. 4 of the Act can be pressed into service. ... partition and separate possession of the undivided share transferred to him by the co-owner concerned before Sec. 4 of the Act can be pressed ... Finding of the Court: The court found that the application filed by the plaintiff in the execution petition was not ... ... It was further held that the terminology "suing for partition" would not necessarily mean filing of a suit in the first instance by the transferee. ... Till th....
1982 0 Supreme(P&H) 119 • India - Punjab and Haryana
M.M.PUNCHHI
Final Decision: The court allowed the petitions and quashed the declaration under Section 6 and the notification under Section ... under Section 6 of the Land Acquisition Act did not specify that the acquisition was for the purposes of the municipality and would ... Whether the declaration under Section 6 of the Land Acquisition Act was deficient in not specifying that the acquisition was for ... On the question of terminology employed with regard to the public purpose as given in S.6 notification it was contended that ....
1995 0 Supreme(Ker) 7 • India - Kerala
B.M.THULASIDAS
He alleged short delivery and filed multiple execution petitions over the years, leading to a dispute over the remaining extent of ... of the earlier petition and not barred by limitation. ... Finding of the Court: The court found that the execution petition was a continuation of the earlier petition and not ... of an application for non-payment of batta is judicial disposal foreclosing "revival" of the same on the filing of another application employing suitable words of camouflage,....
2000 0 Supreme(Bom) 768 • India - Bombay
R.K.BATTA, P.S.BRAHME
furnished in mother tongue detenu-Contention-Documents in medico legal language- Translation would have changed terminology-Held-Contention ... not tenable-Plea does not absolve detaining authorities for providing documents in mother tongue-Law in this respect is well settled ... Furnishing of documents-Necessarily to be made in language known and understood. by detention-Detention challenged -Ground documents not ... Report which are considered as expert documents and if they are translated the very #H....
1993 0 Supreme(Mad) 248 • India - Madras
ABDUL HADI, RAJU
Final Decision: The writ petitions were dismissed. ... The court further held that the impugned provisions do not violate article 286(3) of the Constitution of India or sections 14 and ... The court held that the impugned provisions do not violate article 286(3) of the Constitution of India or sections 14 and 15 of the ... These writ petitions, therefore, fail and shall stand dismissed. But in the circumstances of the case, there shall be no order as to costs. ... The challenges before us in these writ petit....
• India - Current Civil Cases
A.K.RATH
(Para 10) ... Result: Petition allowed. ... and for vindicating his legal right on which such action is based can be said to have sued in a court of law. ... (a) Partition Act, 1893 – Section 4 – “Suing for partition” – Any legal action taken by anyone for getting redressal from a law court ... ... It was further held that the terminology “suing for partition” would not necessarily mean filing of a suit in the first instance by the transferee. ... Till the stranger transferee moves an application for ....
2004 0 Supreme(Mad) 799 • India - Madras
T.V.MASILAMANI
filed in the year 1993-Plea of limitation not tenable. ... petitioner filed-Claimed to be barred by limitation-Order for delivery of property made by Executing Court in the year 1984-Execution petition ... as not pressed on 29.7.1986. ... Whatever terminology may be used, it is for the Court to ascertain, having regard to the circumstances under which the said order was made, whether the Court intended to finally terminate the execution proceedings. ... It is intended not to finally di....
1996 7 Supreme 182 • India - Supreme Court
N.P.SINGH, S.B.MAJMUDAR
Scope and ambit of-Dwelling house belonging to undivided family-Suit for partition-Final decree passed-Whether Section 4 can be pressed ... ... Held that Section 4 of the Act can validly be pressed in service ... effectively ended and the decree for partition has not been fully executed and satisfied by putting the share-holders in actual ... It is, therefore, well-established that the terminology "suing for partition" would not necessarily mean filing of a suit in the first instance by the transferee.....
2024 0 Supreme(Mad) 2150 • India - Madras
S. SOUNTHAR
The relationship of landlord and tenant can be inferred from conduct and payment history, irrespective of the terminology used in ... does not determine their nature; the substance of the transaction is paramount. ... (Paras 6, 10, 20) ... ... (B) Legal Principles - The nomenclature of payments ... In order to prove the jural relationship, the plaintiff pressed into service the receipts issued by it under Ex.A2 to Ex.A10 for having received the rent at the rate of Rs. 10/- per month. ... Admittedly, the resolution reli....
2019 0 Supreme(Mad) 3144 • India - Madras
T.S.SIVAGNANAM, R.THARANI
does not lay down the correct legal principles - More so in light of earlier decisions of Division Benches as pointed out by us ... Constitution of India, 1950 - Article 309 - Argument - Transfer of village servants - Petitions were filed ... were tagged along with several other writ petitions wherein more or less identical prayer was sought for and by common order – Held ... (MD) Nos. 3496 to 3498 of 2015, dated 10.07.2019, rejecting the prayer sought for in the writ petition does not....
Filter by Legal Phrase
