Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Auction sale - Purchaser at auction obtains such rights as are vested in vendor at the time of sale - Where, at the time of sale a portion of land is in public use or is under physical control of State agencies, auction cannot confer upon a purchaser better rights than those enjoyed by vendor -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with peaceful use of electric motor - Sanad Taksim along with site plan, demonstrates that sufficient portions of land, motor room and approach paths have been allocated to both brothers - This ensures that plaintiff can freely access and use electric..........
Co-sharers -- Motor installed on jointly owned land is deemed joint property - Even if motor is in the name of one co-sharer, other co-owners have the right to use it...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance allowances can be granted up to the extent of 25% of the net income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance allowances can be granted up to the extent of 25% of the net income of husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagor had failed to redeem property for more than 30 years - Plaintiff/mortgagees filed suit for declaration that they have become owner in possession of suit land by prescription of time - Once a mortgage always a mortgage and there would be no period for redemption for the same - Suit which was for..........
Criminal Procedure Code, 1973, Section 172 -- Police diary - Court can use the entries made in diaries for the purposes of contradicting police officer as provided in S.172(3) Cr.P.C. if there is any inconsistency or contradiction arising in evidence - Under S.172(3) Cr.P.C criminal Court may send for diaries and may use them not as evidence, but to aid it in an inquiry or..........
