Civil Procedure Code, 1908, Order 20, Rule 12(1)(ba)(As - - Damages - Appellant who has taken the residential premises on rent put the landlady to an hazardous litigation and was also irregular in payment of rent - Held, it is a fit case for grant of damages where appellant having involved in frivolous and delaying litigation - Appellant is directed to pay damages to..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Decree for accounts - Grant of - Held, in partition suit a coparcener is entitled to pray for accounts from persons having control and management of affairs of joint family property - It would depend upon the proof that manager or karta mishandled the funds that resulted in misappropriation - In absence of..........
Civil Procedure Code, 1908, Order 20, Rule 12 -..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary and final decree - Distinction - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree - Decree passed incorporating such determination is the final decree...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - In a given case, a decree may be both preliminary and final - Apart that a decree may be partly preliminary and partly final...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Final decree proceedings may be initiated at any point of time...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Suit for specific performance - Default in making payment of balance consideration - Consequences of - Held, once it is held that direction to make payment of balance consideration within stipulated period is incidental in nature and the fact that O.20.R.12-A of CPC nowhere provides the consequences of dismissal of suit for..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........