Consent decree -- Challenge as to - Counsel of defendant junior to counsel of plaintiff - Not a ground to ignore his evidence...........
Pronote -- Interest from date of suit to date of decree - Should be on the principal amount - Future interest - Should also be on the principal amount though the rate of interest would be 6 percent per annum. (Civil Procedure Code, 1908, S. 34)...........
Evidence Act, 1872, Section 34 -- Suit for recovery of money - Denied by defendant - Plaintiff producing books of account of balance sheet - Decree cannot be passed on the basis of entries in the accounts book or the balance shown to be due at the end of the year in such accounts or in the balance sheet...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad - interim injunction - consent decree challenged being result of fraud and that plaintiff is the owner the land which was given on lease to the defendant - Defendant raising contention that he had become owner of the land before passing of the decree on found of adverse possession as he never paid Batai - Suit dismissed..........
Criminal Procedure Code, 1973, Section 125 -- Husband failing to pay maintenance under an agreement - Amounts to negligence on the part of the husband - Wife is entitled to seek maintenance under Section 125 - Remedy to approach Civil Court for specific performance of agreement is not a bar to claim maintenance under Section 125-If a party approaches Civil Court after..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for deposit of balance sale consideration/sale expenses in a specific performance decree - Court has power to extend time when there is nothing in the decree that on failure to deposit the balance amount the suit will be dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - During pendency of suit one G obtained a sale deed in his favour of a part of the suit property in execution of aex parte decree obtained by him against the defendant - Held, G is a necessary party - Allowed to be impleaded as a part in the suit...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - The wife not only voluntarily went away from the matrimonial home but she also stayed away from it without any valid justification - From the circumstances it can be inferred that there was an intention not to return to the matrimonial home - Wife stayed away from matrimonial home for a period exceeding 2 years..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed inspite of several adjournments - Court can straight way proceed & pronounce judgment followed by a decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Court straight way pronounced judgment followed by a decree when written statement not filed inspite of several adjournments - Application U.O.9 R. 13 CPU is not maintainable...........
