Specific Relief Act, 1963, Section 12 -- Part performance - As a general rule Court will not compel specific performance of a contract unless it can execute the whole contract - This principle is based on the general rule that Court cannot specifically perform contract in piecemeal, but it must be performed in its entirety if performed at all...........
Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Divorced wife is entitled to institute a proceeding under the Act for various reliefs thereunder, provided she is able to establish that she is subjected to domestic violence as defined u/s 3 the of Act...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12, Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Applicability of S.468 Cr.P.C. - Period of limitation prescribed u/s 468 Cr.P.C. for launching prosecution in respect of offences specified therein cannot be applied to an application u/s 12 of Domestic Violence Act which is neither..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12, Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Domestic violence in the form of `economic abuse' continued even after divorce on a day to day basis and proceedings u/s 12 of the Act cannot therefore be said to be time barred on that score...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Discretion of Court - If admissions are such that further trial is not necessary, Court is entitled to pass a decree without requiring further trial...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Judicial admissions constitute waiver of proof and such admissions can be made foundation of rights of parties inasmuch as, they are different from evidentiary admissions/evidence which are not conclusive and can be shown to be wrong...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Once by judicial admissions plaintiff admits in earlier civil proceedings that she sold the property to defendant No.3, said admissions can be basis of creation of rights in favour of defendant No.3 and thereafter different case cannot be set up that suit property was not sold by plaintiff - Suit..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Divorced wife - A divorced wife can set up a claim under the Act as an aggrieved person provided that she alleges that she has been subjected to any act of domestic violence by husband while she was in domestic relationship with him...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Divorced wife - Interim maintenance - Wife subjected to an act constituting domestic violence while she was in domestic relationship with the respondent during subsistence of marriage - Held, application is maintainable - Award of Rs.5000/- as interim maintenance against husband whose take home income..........
