Specific Relief Act, 1963, Section 38 -- Permanent injunction - Injunction against dispossession - Proof of possession is sine qua non for grant of a permanent prohibitory injunction against dispossession...........
Special Marriage Act, 1954, Section 37 -- Permanent alimony - Wife who has remained unmarried and is living independently, is entitled to a level of maintenance that is reflective of standard of living she enjoyed during the marriage and which reasonably secures her future - Furthermore, inflationary cost of living and her continued reliance on maintenance as the sole..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - Wife made counter allegations that it was husband and his mother who on almost every day used to torture her mentally and forced her to leave matrimonial house - Both husband and wife are living separately since 2019 and initiatives taken for reconstructing..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery - Desertion - Petition by husband - Petition filed against wife on the ground of voluntary sexual intercourse with a person other than her spouse and desertion - However, wife on other hand alleged that after two months of marriage, she discovered husband in a compromising position with his step..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Custody of child -- Direction issued regarding arrangement of custody of Child - Family Courts are directed not to create arrangements with respect to custody of children be that permanent or interim involving police stations in any manner...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Plaintiffs were in possession of suit property on the basis of agreement to sell - They are not the owners of suit property - Whether plaintiffs are entitled to protect their possession or not can be considered only if persons who had entered into agreement to sell..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh one - Sufficient grounds - Plaintiff filed suit for permanent injunction and other consequential reliefs yet no prayer for confirmation of possession has been made - Since consequential relief of confirmation of possession has not been pleaded, suit itself is not maintainable in..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Objections - Decree of permanent prohibitory injunction - Satisfaction recorded in one execution petition would not result in dismissal of a further execution petition filed on the ground of subsequent interference caused - Decree of permanent injunction operates perpetually against judgment debtors, their assignees..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for permanent injunction with regard to agricultural land lies before Revenue Court - Civil Court has no jurisdiction to try the suit - Trial Court directed to return the plaint to plaintiff for presentation before proper jurisdictional Court...........
