Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleging that husband is having adulterous relationship with his cousin sister, female colleagues but failed to prove the allegations - Wife also filed three cases against husband including a case u/s.498-A IPC in connection with which he as well as his father had been sent to jail - Conduct of wife..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Nothing on record to show that counter claim was admitted and that defendant pressed the same in the trial Court - In case counter claim is not decided alongwith suit then same is deemed to be pending and cannot be made a ground for setting aside judgment and decree passed in the suit - In case suit is..........
Agreement to Sell -- Specific performance - Willingness and readiness - Court directed petitioner to deposit balance sale consideration in court - Petitioner failed to do so in spite of having necessary funds - Held, it is well settled that for grant of decree of specific performance of agreement to sell it is necessary for plaintiff to prove his willingness and readiness..........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- Compromise decree - Appeal against consent decree is barred u/s 96(3) CPC...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Once it is proved that the decree is not appealable, application cannot be entertained...........
Scheme for Employment of the Dependents of the Employees who die while in the service of the Bank service on Compassionate grounds -- Compassionate appointment - Financial condition of the family - Family pension - Counting while considering monthly income of the family - As the Scheme categorically provides that retiral benefits are to be taken into consideration while..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Whether judgment and decree passed by learned lower appellate Court without deciding an application moved U.O.41.R.27 of CPC is sustainable in law? - Held, No - Judgment and decree passed by learned lower appellate court cannot be sustained - Adjudication of application moved U.O.41.R.27 CPC is..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Non production of evidence - Dismissal of suit - Application supported by an affidavit seeking adjournment filed - Court instead of deciding application dismissed the suit U.O.17.R.3 CPC - Delay in case not attributable to plaintiff only - Defendant was granted 11 adjournments for two years to produce documents but plaintiff..........
Electricity Act, 1910, Section 26(6), Civil Procedure Code, 1908, Section 96 -- Electricity - Defective meter - Recovery of outstanding amount - Decree for quashment of electricity bill - Trial Court granted decree and restrained Electricity Board from recovering amount or discontinuing electricity connection and directed it to have matter adjudicated u/s 26(6) of..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Dispossession in violation of decree of prohibitory injunction - Executing Court can issue an order of mandatory injunction for restoration of possession - Decree holder need not to file another suit...........
