Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects, personal expenses, Multiplier, Conventional heads and consortium, Interest and Quantum - Deceased aged 32 years - Future prospects at 40% as per Pranay Sethi case - Deduction for personal expenses at one-fourth - Multiplier of 16 applied - Loss of estate Rs.18,150, funeral expenses..........
Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once on the date of decree, defendant has not been found in possession and decree of permanent injunction has been issued against them, then neither executing Court nor High Court can go behind decree to hold that JDs are in possession prior to decree - Argument raised by JD..........
Hindu Marriage Act, 1955, Section 13B(2), Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - Dismissal of petition - Appeal thereagainst - Appeal is maintainable in spite of bar u/s 19(2) of Family Courts Act because impugned judgment was on a petition invoking S.13-B of H.M Act, it was not passed on consent and it matters little that parties supported..........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of LRs of deceased debtor - Where decree is passed against legal representative of a deceased person, it may be executed by attachment and sale of any property of deceased which has come into hands of such legal representative and has not been duly disposed of...........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of legal representatives of deceased debtor is not personal in nature but is limited strictly to extent of estate of deceased that has come into his or her hands...........
