Showing : 411-420 of 5334 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Limitation - It is for executing Court to decide whether restitution petition is within limitation or not - It is only the Court which passed the original decree, which can order restitution - Restitution cannot be granted by Supreme Court...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 19-- Proceedings under the Act - Cannot be filed for enforcement of preliminary partition decree passed by Civil Court, as such decree can be enforced by Executing Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Decree for possession passed in earlier suit and claim for mesne profits relinquished by plaintiff in said suit - Subsequent suit claiming mesne profits for same period which was relinquished in earlier suit is not maintainable, as by not pressing claim for mesne profits..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 1-- Written statement - Not filed within time - Court instead of closing right to file written statement should grant some time to defendant subject to payment of reasonable costs to compensate the inconvenience caused to plaintiff - Order by High Court allowing defendant to file written statement..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Cruel acts of wife already condoned by husband in order to resume marital life - But instead of honouring the same, husband ousted wife out of house when she tried to resume marital life - Husband having derived the benefit from compromise, cannot be..........
TRIPURA HIGH COURT
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 6(3)-- Suit for recovery of possession - Appeal - Maintainability - No appeal lies against judgment and decree delivered in suit instituted u/s 6 of the Act - However, remedy of revision is available for challenging such judgment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff -..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ib)-- Desertion - Divorce petition by husband - Wife left matrimonial home on 27.01.1997 and never tried to return back - Moreover, wife in her cross examination stated that it is not possible for her to restore conjugal rights as she has preferred appeal against judgment and decree granting restitution..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13B-- Divorce by mutual consent - Settlement - Dispute between parties settled amicably - Prolonged litigation between parties and long separation spanning over period of around 12 years - Marriage between parties stands dissolved by decree of divorce by mutual consent - Parties shall abide by terms and..........

Showing : 411-420 of 5334 Results