Hindu Succession Act, 1956, Section 13 -- Suit for partition and separate possession - Failure of High Court in calculating share of plaintiff/wife of deceased son in the joint family properties - Decree of partition to be modified accordingly...........
Rent and Eviction -- Order of eviction passed - Frivolous objections filed in execution petition - The same amount to an abuse of the process of Court and a flagrant violation of the eviction decree - Costs of Rs.10, 000/- imposed on tenant - Petition dismissed...........
Constitution of India, 1950, Article 14 -- Equal pay for equal work - Pay fixation - Junior to appellant plaintiff drawing more pay - The action of the respondents in denying the benefit of higher pay scale was discriminatory as his juniors were drawing more salary than him - Judgment and decree of the first Appellate Court on this issued reverse and the judgment and..........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 2 -- Compromise decree - Execution - Joint application filed by parties U.O.23.R.3 - Application signed by parties and supported by affidavits - Court mentioned in order that parties are bound by the terms and conditions of settlement and that joint settlement application is allowed and disposed of - Held, order..........
Agreement to sell -- Specific performance - Trial Court dismissed suit by holding that property belongs to Gram panchayat and as such decree for specific performance cannot be granted - Appellate Court reversed the finding of trial Court on the basis of statement made by co-owner where he admitted execution of agreement to sell in favour of plaintiff and payment of due..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - For granting a decree on the ground of mental cruelty, such cruelty need not be intentional - Even for unintentional act of cruelty on the part of a spouse, which is proved or admitted, a decree for divorce can follow...........
Hindu Marriage Act, 1955, Section 25 -- Wife has no right to continue in possession of the property, which ceased to be a matrimonial home after the divorce except where the decree for divorce itself spells out a right by a matrimonial settlement...........
Suit for possession -- Plaintiff proved title of his father who purchased the property - In law, possession follows title - Plaintiff having established title to suit property, will be entitled to decree for possession, unless his right to the suit property was extinguished, by reason of defendant being in adverse possession for a period of 12 years prior to the suit...........
Civil Procedure Code, 1908, Section 11 -- Ex parte decree - Res judicata - Applicability of - Held, it is a well settled principle of law that even an ex parte judgment can operate as res judicata because an ex parte decree is a decree on merits...........
Agreement to sell -- Oral - Suit for specific performance - Part of consideration paid by way of black money - Trial Judge rightly not passed money decree against defendant Nos.1 to 3 as it was in violation of provision of S.23 of Contract Act - Court do not assist the person whose acts are not in consonance with the provisions of Law. (Specific Relief Act, 1963, S.14,..........
