Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Validity - If the validity of award is to be examined at all, it is to be tested in writ proceedings before High Court and not by expanding scope of execution or by encouraging independent civil suits...........
Legal Services Authorities Act, 1987, Section 21, 22E -- Award of Lok Adalat - Challenge as to - Award may be executed as a decree, but its validity cannot be reopened through an ordinary civil suit or by treating some other civil proceeding as a vehicle for setting it aside - Only recognized avenue of challenge is the constitutional jurisdiction of High Court, which is..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Criminal Procedure Code, 1973, Section 340 -- Proceedings u/s 340 Cr.P.C. should not be started casually - Such action can be taken only when Court finds that it is necessary in the interest of justice and that there is some clear material showing an offence which affects the administration of justice...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - No documentary evidence was produced before Family Court by husband nor by wife - Rs.80,000 was alleged by wife to be monthly income of husband, who having not produced his salary slip before Family Court - Husband has disclosed one payment advice in respect of gross salary i.e Rs.74,542.85 which is close..........
