Court Fees Act, 1870, Section 16, Legal Services Authorities Act, 1987, Section 21 -- Refund of Court fee - Parties never adopted either of mode of settlement as referred in S.89 CPC - Even, no award was passed by Lok Adalat - Merely because after execution of sale deed pursuant to judgment and decree of Court, statement was made by DH that matter had been compromised, he..........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment and decree - Rectification in regard to the typographical mistake as found in view of the plaint - In view of S.152 CPC, clerical and arithmetical mistake can be rectified in the judgment and decree as well - Application allowed for proposed amendment-B...........
Will -- Testator executed a Will bequeathing half share in favour of his grandson - Whereas qua remaining half, life interest/benefit to enjoy fruits during lifetime was given to his son, but no rights to alienate the same and after his life, it was to vest with grandson - Mere fact that grandson predeceased son of testator would not make any difference as regards passing..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - U.O.9.R.13 CPC, it is evident that an ex parte decree can be set aside if the cause for non-appearance is shown to be sufficient...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Issuance of conditional arrest/warrant - Warrant of arrest has been issued against JD as he failed to put in appearance in execution proceedings - Detention in civil prison in execution of a decree is the last resort and before that an endeavour should be made for satisfaction of decree - Purpose of issuance of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Appellant's name is recorded to record of rights of suit property - He was not made party to suit and in his absence, said property cannot be partitioned - It is patent illegality in the impugned judgments and decrees of both the Courts - As regarding defence..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce - Conversion of petition u/s 13 to S.13-B of the Act - Parties have mutually agreed to give divorce to each other - Wife did not want any permanent alimony from husband - Both of them are young and they have decided to part their ways of life - Divorce petition filed by wife thus, converted to petition for divorce by..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband directed to pay Rs.10 lakhs as permanent alimony by Family Court - However, wife also desires that streedhan given by her parents at the time of her marriage to husband be returned to her - Impugned decree and Judgment modified and husband directed to pay lump sum amount of Rs.5 lakhs as permanent alimony..........
Civil Procedure Code, 1908, Section 96 -- Composite single appeal - Dismissal of suit and decreeing counter claim - When both the civil suit and counter-claim was decreed by a common judgment, regardless of whether a separate decree has been prepared in the counter claim, both would be required to be challenged by separate appeals - Composite single appeal dismissed being..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife has initiated 7 proceedings against husband including 5 criminal cases u/s 498-A IPC and Dowry Prohibition Act - However, husband was acquitted of the charges - Husband lost his job as a teacher and is unable to find a new job by reason of criminal cases registered against him -..........
