Civil Procedure Code, 1908, Section 11 -- Res judicata - In between co-defendants - If plaintiff cannot get his right without trying and deciding a case between co-defendants, Court will try and decide the case, and co-defendants will be bound - However, if the relief given to plaintiff does not require or involve a decision of any case between co-defendants, then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Irretrievable breakdown of marriage - Decree of divorce granted on the ground of irretrievable breakdown of marriage by Family Court is erroneous, when both the grounds of cruelty and desertion for seeking divorce had not been proved by husband - Family Court could not have granted divorce except on grounds mentioned..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Financial debt - Final judgment and/or decree of any Court or Tribunal or any Arbitral award for payment of money, if not satisfied would fall within ambit of a financial debt, enabling creditor to initiate proceedings u/s 7 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Judgment and/or decree for money in favour of financial creditor, passed by DRT or any other Tribunal or Court or issuance of a certificate of recovery in favour of financial creditor, would give rise to a fresh cause of action for financial creditor to initiate proceedings u/s 7 of the Act..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Exparte decree - Setting aside - Dismissal of application - It is appeal and not petition under Article 227 of Constitution which is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent is maintainable...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent - Parties started living together along with children after getting mutual divorce - Decree of divorce by mutual consent set aside - Appeal allowed...........
