Civil Procedure Code, 1908, Order 14, Rule 1, 2, Himachal Pradesh Urban Rent Control Act, 1987, Section 26 -- Execution petition - Striking of issue - Maintainability - No necessity for executing Court to go beyond mandate of compromise decree nor executing Court was enjoined to strike any issues vis-a-vis readiness or willingness or otherwise of each of contesting..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Possession delivered - Dropping of execution proceedings - Possession of disputed property handed over to one of LRs of DH after receiving Rs.2 lakhs towards construction on disputed property - Said LR also admitted fact of receiving possession of property - Possession of disputed property..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Death of landlord after passing of order of eviction - Does not ipso facto destroy the accrued right under the decree...........
Special Marriage Act, 1954, Section 27(d) -- Divorce - Mental cruelty - Petition by husband - Filing of case u/s 498-A IPC by wife making diverse allegations against husband in which husband was acquitted amounts to mental cruelty - Husband entitled to decree of divorce on this ground...........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Hindu Marriage Act, 1955, Section 13B, 23A -- Divorce by mutual consent - Second marriage by wife - Where decree for dissolution of marriage was sought by parties by mutual consent, situation contemplated u/s 23-A of the Act was not at all existing - Provision of S.23-A of the Act, thus, could not have been invoked by Family Court so as to deny relief claimed by parties to..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Cancellation of exchange deed - If executant of an instrument seeks to get it annulled, he is required to pay ad valorem Court fee as per consideration shown in instrument - However, if trial Court finds that ad valorem Court fee is required to be paid over and above consideration shown in the instrument, in such..........
Practice and Procedure -- It is always open under the law to the parties at dispute to settle dispute by agreement - If they do so, and if it appears to Court that settlement is fair and just and not against law nor against statute, the Courts accept settlement and passes a decree upon it...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to record positive finding that there is no possible way to satisfy decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy Court is not equivalent to satisfaction required u/s 51 CPC and in..........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
