Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Settlement agreement - Dispute between parties stands amicably resolved with settlement agreement - Essential terms of first agreement executed between parties are retained by parties and rather they have also partly acted upon the same - Decree of divorce by mutual consent granted in terms of settlement..........
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, Order 6, Rule 17 -- Amendment of plaint - After passing of preliminary decree in partition suit, is maintainable, since suit is not terminated and proceedings are continuous...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Decree not in conformity with judgment - Decree should be amended to bring it in conformity with judgment...........
Civil Procedure Code, 1908, Section 33 -- Judgment and decree - Once Courts have conclusively determined the rights of parties in respect of suit property, it is imperative that a decree must follow the judgment...........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Where contract for no fault of plaintiff becomes impossible, Court to award compensation in lieu and substitution of specific performance. (Specific Relief Act, 1963, S.21)..........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Suit property acquired before final decree could be passed - Plaintiff will be deemed to be in shoes of defendant and therefore shall be entitled to entire compensation, determined and awarded under provisions of Land Acquisition Act together with interest and solatium -..........
Civil Procedure Code, 1908, Section 96(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amount to a decree - An appeal lies thereagainst...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Permanent alimony awarded to wife on basis of compromise - However, even if agreement relating to quantum may be a part of settlement but when decree is passed adopting said settlement it becomes order u/s 25(1) of the Act - Party will be entitled to have an enhancement of maintenance on changed..........
