Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Allegations of dowry demand by wife upon husband and his family members - Merely because allegations may not be believed on appreciation of evidence, it does not lead to conclusion that they are out rightly false and led to mental cruelty to husband - Decree of divorce in favour of husband on the ground of..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1) -- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what..........
Civil Procedure Code, 1908, Section 96, Order 41 -- Appeal - Valuation of appeal - Suit for permanent injunction and declaration - Counter claim - Only the judgment and decree of suit has been challenged in appeal but not the dismissal of counter claim - Valuation of suit thus, would be valuation of appeal for jurisdiction of Appellate Court and not the combined value of..........
Hindu Marriage Act, 1955, Section 27 -- Applicability - S.27 of Act can be invoked by Family Court only if there is a decree sought for under any of provisions of Hindu Marriage Act - Pre dominant ingredient of said provision is that property must be belong jointly to both husband and wife...........
Hindu Marriage Act, 1955, Section 27 -- Disposal of property - Jewellery and money provided to wife by her parents or her relatives at or about the time of marriage or later for her personal use and entrusted to husband cannot be termed as a property jointly belonging to husband and wife - S.27 of the Act, thus, cannot be invoked in order to seek a decree for retuning the..........
Registration Act, 1908, Section 17(1)(b) -- Registration - Compromise decree - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered...........
Evidence Act, 1872, Section 74 -- Public document - Judgment and decree of civil court - Certified copy of judgment and decree need not to be proved - Court can straightaway take notice of the same...........
Hindu Law -- Partition - Suit by daughter claiming share in property owned by father - Suit property being HUF properties stood owned by his three sons by virtue of compromise decree passed in 1976 - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered - Plaintiff being a..........
Hindu Law -- Ancestral property - Decree of gift - If land is transferred by way of civil decree, acquisition of said land at the hands of beneficiaries becomes self acquired property and loses the character of joint Hindu coparcenary property. (2010(3) Civil Court Cases 072 (P&H) followed.)..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
