Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - No cohabitation between parties for one year of passing of decree - Divorce can be granted to wife irrespective of the fact that there was refusal to resume cohabitation by wife and petition for execution of ex parte decree for restitution..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties is to be gathered from..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - One residential house - Exemption from attachment - Protection u/s 60(1)(ccc) CPC is only available to J.D and to his heirs - Heirs of J.D. cannot take plea of protection after his death and are liable to abide by decree in so far as property of J.D is concerned...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i), 3(1)(iii), Customs Act, 1962, Section 132, 135(a), 135(b), 135(c) -- Preventive detention - Detention order passed after a delay of about 8 months - Detaining Authority even delayed execution of detention order for 19 days - No valid reasons disclosed by respondents as to..........
Rajasthan Stamp Act, 1999, Section 39, 37, 42 -- Power of attorney - Stamp duty - Payment for execution made at Qatar - Document brought within Rajasthan - Document liable to payment of Stamp Duty under Article 44 of Schedule attached to Stamp Act - Trial Court to deal with power of attorney as per provisions of Ss.37, 39 & 42 for determination and payment of deficit stamp..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Due execution - Proof of - Plaintiff alleges that at the time of execution of gift deed, donor did not have mental balance and he put his signature on the gift deed at the persuasion of defendant No.1 - However, plaintiff made only vague statement - No evidence on record to prove..........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Impleadment - LRs - Petitioners claiming to be impleaded as legal heirs of deceased decree holder on the basis of registered Will - Executing Court dismissed application on the ground that their interest is adverse to already impleaded LRs and if they have any right they can always file a separate suit - LRs are impleaded..........
Will -- Execution - Sound disposing mind - Will executed in the year 1994 and testator died in the year 1999 - In the death report testator was diagnosed with `Multi Infract Dementia with IHD & HTN' at the time of his death - By itself not sufficient to presume that testator was suffering from Alzheimer or dementia in the year 1994 also and more so when no evidence, in..........
