Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband and wife are not residing together for more than 20 years - In spite of decree for restitution of conjugal rights, wife has not started cohabitation with husband, rather wife herself has kept away from company of husband for more than 20 years - Decree of divorce rightly granted in favour of..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Member of a family who is not party to a previous civil Court's judgment and decree passed U.O.12.R.6 CPC on basis of factually incorrect foundational facts, is not binding upon such member of family...........
Delhi Rent Control Act, 1958, Section 14(1)(e), Indian Contract Act, 1872, Section 32, 56, Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Suspension of payment of rent - Due to COVID-19 lockdown - There is no rent agreement or lease deed between parties and hence S.32 of Contract Act has no applicability - Even, case is governed by provisions of Delhi Rent..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife started living separately from husband from 2007 onwards - She did not take any effort to join husband and restore matrimonial relationship at any point in time in two years period prior to filing divorce petition - Two completed years of separated life by wife itself is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is not maintainable once parties got an appeal decided by a higher Court...........
Special Marriage Act, 1954, Section 29 -- Divorce petition within one year of marriage - Family Court ought to have scrutinized petition and directed respondent to seek leave for sustaining alternative prayer for divorce, before issuing process to opposite party - Court not to pass a decree before expiry of one year from date of marriage, which is sole prohibition u/s 29..........
Family Courts Act, 1984, Section 7 - - Marriage certificate prepared by Registrar of Marriages is on record - However, wife was 14 years old at the time of marriage - Marriage between parties still valid, once it was found that marriage certificate is not void - Subsequent marriage of deceased with defendant without there being a valid divorce in accordance with law has no..........
