Civil Procedure Code, 1908, Section 141, 153, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution petition - Amendment - Application seeking amendment to execution petition is maintainable...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - In an earlier petition for divorce by husband parties compromised whereby both parties agreed to live together with due love and affection to each other - Wife failing to comply with the compromise for one year - Amounts to decree of restitution of conjugal rights - In view of S.13(1A)(ii) decree of..........
General Clauses Act, 1897, Section 21, Haryana Panchayati Raj Act, 1994, Section 4, 8 -- Election of Gram Panchayat - Wrong declaration of result - Power of State Election Commission to change result - Petitioner and respondent No.7 contested election of Panch - Petitioner declared elected by Presiding Officer - Notification published in Gazette - Petitioner administered..........
Guardians and Wards Act, 1890, Section 12 -- Daughters - Husband seeking custody - Husband living alone and he has to go out to discharge his duties as a teacher - Children looked after and educated properly by wife - Petition rightly dismissed...........
Motor Vehicles Act, 1988, Section 166, 140 -- Accident - Claim petition - Married daughter, sole legal heir is entitled to compensation even when there is no loss of dependency and the quantum shall not be less than the liability...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Rent & Eviction - Arrears of rent - Provisional rent fixed - Tenant denying title of landlord - Effect and consequences of denying title and relationship of landlord and tenant and not paying the provisional rent shall have to be decided by the Rent Controller while disposing of the main ejectment petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of petition - Superior courts do not have the power to transfer a petition under Section 12 pending before the Magistrate to any civil court or Family Court as the case may be...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment of property - During pendency of execution petition son of one of the J.D. sold property - Agreement to sell was executed much prior to attachment of property though sale deed was executed later on - Petitioner second purchaser - Petitioner perfected title over property - Sale deed of petitioner will..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Finding of fact - New plea - Plea regarding non-completion of 240 days of continuous service not raised in the writ petition - It was raised only at the time of final arguments - The same cannot be entertained - The Court in its writ jurisdiction ought not to interfere with the findings of facts arrived at by..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Balance sale consideration was to be paid within three months of passing of the decree - Execution application filed after about 3-1/2 years of passing of the decree - Extension of time not sought..........
