Specific Relief Act, 1963, Section 28(3)(a), Civil Procedure Code, 1908, Order 21, Rule 34 -- Decree of specific performance - Execution petition for execution/registration of sale deed is to be filed U.O.21.R.34 CPC and not u/s 28(3)(a) of Specific Relief Act - S.28(3) Specific Relief Act does not empower the court to execute the decree...........
Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........
Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte decree - Dismissal of application to set aside exparte decree - Remedy available is to file appeal and not revision...........
Civil Procedure Code, 1908, Section 148, 149, Order 7, Rule 11 -- Deficiency in Court fee at appellate stage - Enlargement of time - Power of Appellate Court in appeal against the judgment and decree of trial Court - Proper Court fee not affixed - Application for making good deficiency in court fee - Rejected on the premise that Appellate Court had no jurisdiction to..........
Partition Act, 1893, Section 2, 6, 7 -- Sale by way of auction in execution of a decree for partition - Violation of provisions of sec. 6 - Effect - Suit for partition - Preliminary decree passed - Local Commissioner submitted report that property not capable of partition by metes and bounds, requires auction - Property auctioned - Auction challenged - Sale conducted u/s 2..........
Hindu Marriage Act, 1955, Section 12(1)(b), 13 -- Divorce - Petition by husband on ground that wife is suffering from some mental disorder - Mental disorder of wife not to such extent which would render normal marital life impossible - Decree of divorce refused...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground that wife is suffering from some disease which was curable - Husband lived with wife for five months even after coming to know of disease and cohabited - Decree of divorce refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Hindu Marriage Act, 1955, Section 11 -- Appeal against decree passed u/s 11 of the Act - Death of appellant/wife - After passing of the decree dissolving the marriage, the right to sue survives even after the death of one or more of the parties to the proceedings - Daughter entitled to pursue the appeal filed by her mother...........
Hindu Marriage Act, 1955, Section 11 -- Second marriage during subsistence of first marriage - Petition by husband u/s 11 of the Act - In proof of petition husband submitted only the certificate of marriage and an application filed by wife for obtaining passport - To establish the previous valid marriage petitioner is required to plead and prove the essential ceremonies of..........
