Agreement to sell -- Specific performance - Plaintiff was always ready and willing to perform his part of contract and same could not be performed due to default of defendants alone - Plea of defendant that value of property has increased considerably and as such granting a decree for specific performance will give unjust enrichment to plaintiff, not tenable, as breach..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti-suit injunction - Court can issue anti-suit injunction despite the fact that other party had resorted to legal proceedings outside India...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not to be tested by merely ascertaining which party left matrimonial home first - If one spouse is forced by conduct of other to leave home it may be that spouse responsible for driving out, guilty of desertion...........
Family Courts Act, 1984, Section 14, 20, Evidence Act, 1872, Section 122 -- Whatsapp chats - Marking as exhibits - Matrimonial dispute - (a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected; (b) merely admitting evidence on record is not proof of a fact in-issue or a relevant fact; (c) test of `relevance' ensures that right..........
Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Execution - Decree of restitution of conjugal rights - It is not necessary for wife/DH to establish that there is willful disobedience of decree on the part of husband/JD - Court gets jurisdiction to pass a direction for periodical payments when JD fails to obey decree within time limit provided - If no such time limit..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Where evidence is not in line with pleadings and varies, said evidence could not be looked into or relied on, as no party should be permitted to travel beyond its pleadings...........
Agreement to sell -- Specific performance - Ready and willing - Party approaching Court seeking relief of specific performance of agreement of sale need not produce actual cash/money but is entitled to prove his readiness and willingness by any other means...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendments can be refused where other party cannot be placed in the same position as if pleading had been originally correct, but amendment would cause him an injury which could not be compensated in costs and power to allow an amendment is wide and may at any stage be appropriately exercised in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
