Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - When a final decree has been drawn up, signed and engrossed in stamp paper of requisite value, it cannot be said that the suit must be treated to be pending for the purposes of passing further orders including readjustment of shares on account of a change in law...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment of plaint to modify shares of plaintiff sought during pendency of suit for final decree of partition of share of plaintiff - Court has jurisdiction to amend share of parties suitably if a preliminary decree has been passed in view of changed circumstances/changed law -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings - They admittedly are parties in..........
Civil Procedure Code, 1908, Section 47, Arbitration and Conciliation Act, 1996, Section 36 -- Execution - Arbitration award - Objections - None of the objections sought were raised before Arbitrator or before trial Court u/s 34 of Arbitration Act - Said Objections cannot be allowed to be raised in execution once award became final and attained finality as decree of civil..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........
