Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Divorce sought by husband on the ground that marriage was not consummated due to malfunctioning of organ of wife - If marriage was not consummated appropriate remedy is to file a petition u/s 12 of Hindu Marriage Act - However, petition u/s 12 of Hindu Marriage Act is only maintainable if it is filed..........
Hindu Marriage Act, 1955, Section 13(1A)(i), 25 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - Failure of cohabitation by wife for a period of one year after grant of decree of restitution of conjugal rights entitles husband to dissolution of marriage - Moreover, parties have been living separately i.e for a long period of 40 years..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Knowing Pleader Commissioner - When there is dispute over boundary and possession over suit land, Court could not order for appointment of Survey Knowing Pleader Commissioner, as Commissioner could not be appointed to collect evidence on behalf of parties - Application rightly rejected...........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Family partition -- Would be effected only when parties have a right in the property...........
Specific Relief Act, 1963, Section 39, Easements Act, 1882, Section 52 -- Licence - Defendants have been in possession of suit land exclusively and have been using it admittedly for the last 22-23 years - There is no iota of evidence on record that any amount was being paid as licence fee, nor was it recorded in the revenue document that defendants were in possession as a..........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
