Specific Relief Act, 1963, Section 6 -- Suit for possession - The only issue which requires determination in a suit u/s 6 of the Act is whether a party has been dispossessed forcibly and illegally or not...........
Specific Relief Act, 1963, Section 6, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Suit for possession - Lessee under Gram Panchayat - If plaintiff was dispossessed during currency of lease or even thereafter forcibly, suit u/s 6 of Specific Relief Act is maintainable because the only issue which needs determination in such suit is whether a party has..........
Civil Procedure Code, 1908, Order 21, Rule 58, 90 -- Execution - Right of auction purchaser (be it DH/auction purchaser or third party auction purchaser) - Arises only on confirmation of sale and till then, his right is nebulous and has only a right to consider for confirmation of sale...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Object - Every party to suit should state in its pleadings material facts in intelligible form without causing embarrassment to its adversant - Thus, power to strike out pleadings is extraordinary in nature and must be exercised by Court with extreme care, caution and circumspection...........
Arbitration and Conciliation Act, 1996, Section 34, 36 -- Objections to award and enforceability and execution of award - Distinction - Proceedings u/s 34 of the Act is step prior to execution of award - Only after determination of objections u/s 34 of the Act, party can move step forward to execute award...........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea based on clause 13(3) of Contract to defeat the claim of respondent no.1 relating to award of interest on various claims - Not raised by appellants at any stage of proceedings..........
Hindu Marriage Act, 1955, Section 23 -- A wrongdoer should not be permitted to take advantage of his or her own wrong - It is not only responsibility but a duty is cast on Court to satisfy itself that requirements of law in the Act are fully met and safeguards provided u/s 23 of the Act are duly observed - Terms on which emphasis has been laid upon are connivance,..........
Rent and Eviction -- Sub letting - Transfer of interest in tenancy leading to creation of third party interest - Sub letting of premises for commercial purpose agreed to by the parties - However, transfer of interest in tenancy leading to creation of third party interest in the suit property could not have been done in the absence of a specific term in the rent agreement -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Application to be disposed of within 60 days of the date of service of notice on the opposite party...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
