Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed, declaration and permanent injunction - Sale deed in question executed in favour of defendant Nos. 1 & 2 while playing fraud and misrepresentation without paying sale consideration to plaintiff - It cannot be said that suit has been filed without any cause of action -..........
Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Decree passed in such a suit would be binding only upon parties to suit and not upon any third party who is not impleaded therein...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Having considered the living standard and financial resources of parties and their liabilities lump sum amount of Rs.10,00,000 as full and final settlement against permanent alimony for wife and daughter would be just and fair arrangement - Said amount shall include amount of pendente lite maintenance, during..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is a practicing doctor - Income of husband is gradually increased as per Income Tax return of the year 2021-22 - Wife on the other hand got no income - Divorce between parties granted and husband is directed to pay Rs.20 lacs as permanent alimony to wife - Considering S.125 Cr.P.C, trauma of wife..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - When marriage breaks down, obligation of husband to ensure that wife is able to live with dignity does not come to an end merely on the ground that she is educated or has parental support - Post-divorce wife is entitled to live a life consistent with standard of living she was accustomed to during subsistence of..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
