Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for specific performance - Plea of joint and un-partitioned land - Transferee of a co-sharer's interest is entitled to joint possession and other rights available to transferor - Executing Court by directing delivery of possession, cannot be said to have granted exclusive possession of a demarcated..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Decree for specific performance - Delivery of possession - Plea regarding mortgage - Rights of mortgagee if any remain protected in accordance with law and such plea cannot be used by JD to resist delivery of possession to DH - Moreover, no objection relating to pendency of a revenue suit, interim injunction..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - First appellate Court need not write a detailed judgment when it is affirming the findings of Court and a mere general agreement is sufficient...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Civil Procedure Code, 1908, Section 151 -- Modification/vacation of interim order - Interim order can definitely be modified or vacated by a Court in exercise of its inherent powers whenever it deems fit to do so, without there being any application filed for said purpose...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere fact that wife is gainfully employed is not an absolute bar for awarding maintenance - Court must assess if income is sufficient to sustain a life style commensurate with that enjoyed in matrimonial home...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a highly successful software engineer who was earning Rs.4,50,000 p.m - TDS records of husband demonstrate a substantial earning capacity - His professional qualifications and past lucrative income signify a continued capacity to meet matrimonial obligations - Wife is also earning - Interim..........
Indian Penal Code, 1860, Section 498A, 406, 420, 384, 120B -- Matrimonial dispute - Roping in sisters-in-law - Complainant and witness could not prove the case against petitioners and the Court finds it somewhat unlikely that unmarried sisters-in-law, having nothing to gain and preparing for competitive examinations, would have harassed the complainant for dowry -..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 20, Rule 4(2) -- Judgment - Points for determination - When a defendant fails to appear or file a written statement, Court cannot dispense with points for determination altogether...........
