Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of J.D. - Without giving a positive finding as regards means of J.D. to pay decree debt and his wilful negligence and refusal to pay the same, arrest and detention of J.D. is not legal...........
Court sale -- When the Court is inclined to bring the property to sale, the endeavour of the Court should be to sustain the Court sale - Equally, though Court sale is compulsive sale, equal endeavour should be made to fetch adequate price for the property sold so that the decree debt would get satisfied and surplus, if any, could be paid over to the judgment debtor...........
Agreement to sell -- Specific performance - Unless the property is identifi-able, no decree can be granted...........
Punjab Security of Land Tenures Act, Section 14A(i), 9(1)(ii) -- Once application for failure to pay rent for certain crops has been made-Period of non-payment of rent prior to the period stated in the application -Deemed to have been given up-No second application can be allowed for prior period-Landlord should include all the crops for which rent had not been allegedly..........
Khasra Girdwari -- Entry of 'forcible unauthorised occupation'-Should be avoided-Revenue Officers expected not to take any cognizance of or to give recognition to forcible unauthorised occupation of land owned by others-Must go deep into the matter (ignoring dramatised and stage-managed scenes of spot inspection) ascertaining persons - (i) as rightful claimants, (ii) who..........
Punjab Land Revenue Act, Section 16 -- Revision-Financial Commissioner to see illegalities of impugned orders on the basis of facts available on the record - Civil Court decree not in existence when impugned orders passed-Not automatically binding on Revenue Officers-Judgment binding on parties to the case...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed on 8.1.1993 - Inspection of record done on 12.1.1993 - This fact alone is not sufficient for dismissal of the application...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Respondent not served with summons - Authority of the lawyer who had put in appearance on his behalf could not be proved - Summons were received by alleged sub-tenant - Exparte order rightly set aside...........
Hindu Marriage Act, 1955, Section 13, 15 -- Divorce - Consequent to decree of divorce the parties get right to remarry as laid down by S.15 - Proprietary rights of both get affected and they do not remain husband and wife - Hindu wife loses her right of maintenance - Stigma attached to her...........
Hindu Marriage Act, 1955, Section 13, 15, 16, 28 -- Divorce - Exparte decree - Appeal does not abate on account of death of the husband, whether before filing of appeal or during pendency of appeal - In all such cases legal heirs of deceased spouse can be brought on record as opponents by aggrieved spouse - As per O.9.R.13 CPC decree of divorce is appealable under Section..........
