Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection - Order passed for implementing mandatory injunction along with restitution in the form of damages - Such an order cannot constitute an Order U.O.21.R.97 CPC and is clearly an order u/s 47 CPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 227 -- Cruelty - Dowry demand - Discharge on ground of territorial jurisdiction - Plea that cruelty and harassment alleged to be at place `G' as such Court at place `R' has no jurisdiction - Emotional distress or psychological effect on wife, if not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment seeking relief of possession in anticipation that plaintiff could be dispossessed by defendant - No cause of action accrues in favour of plaintiff - Order rejecting application calls for no interference...........
Civil Procedure Code, 1908, Order 21, Rule 54, 64, 66 -- Auction sale - Method of sale - Upset or reserve price is a usual and conventional practice, setting out bench mark from or above which bid should be offered - It is thus, lowest or minimum sale price of property in an auction fixed by executing Court - Upset price shall be determined upon an objective consideration..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Objections to attachment - Dismissal in default - Restoration - Condonation of delay - Delay of 3-1/2 years - Material on record that plaintiffs had knowledge about order dismissing objections in default - Application for restoration of objections rightly rejected...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance - Enhancement or alteration of maintenance award - Application can be filed where wife resides and law does not mandate that same has to be preferred where original order of maintenance was passed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in filing first appeal - Application for condonation of delay dismissed, consequently appeal is barred by time and thus, also dismissed - Decree sheet be prepared accordingly - Once decree sheet has been prepared, defendants cannot merely challenge order dismissing their..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
