Rent and Eviction -- Bonafide need - Alternative accommodation available - Held, landlord is the best judge of his residential requirement - If the landlord desires to beneficially enjoy his property when the other property occupied by him as a tenant or on any other basis is either insecure or inconvenient it is not for the Court to decide that he should continue to..........
Criminal trial -- Quashing of complaint - Civil suits for recovery of dues of Banks compromised on receiving payments - Compromise decree amount to compounding of offence of cheating - Investigations in criminal cases still pending -No justification in proceeding further with the complaints - Decision of High Court in quashing complaints does not warrant interference...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside ; Application late by 40 days -Advocate withdrew Vakalatnama without notice to the appellants - Delay held justified - Exparte decree set aside and matter remitted to the trial Court-Appeal allowed...........
Hindu Marriage Act, 1955, Section 13(1)(2) -- Adultery - Proof - Direct evidence can hardly be adduced - Circumstantial evidence must be sufficiently strong and conclusive -Husband levelling allegations of adultery against wife and stated that he himself saw his wife in compromising position with named persons on two occasions and made complaint to her parents on which..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 22 -- Objections - Envisaged by R.22 are objections in regard to the executability of the decree and not with regard to the validity of the decree...........
Civil Procedure Code, 1908, Section 47 -- Suit pending for setting aside consent decree on the allegation that it was obtained by fraud or misrepresentation - Held, it perse does not affect the validity and executability of the decree...........
Consumer Protection Act, 1986, Section 2(1)(o), 21(c), Indian Contract Act, 1872, Section 171 -- Banking - Lien - Complainant has given specific instructions to the Bank to keep a lien over the amount due to him so long as the money under the guarantee remains unpaid/due - City Civil Court, Ahmedabad has passed a decree against M/s.C.Mahendra & Co. and its partners for..........
Civil Procedure Code, 1908, Section 151, 153, Order 21, Rule 17, Limitation Act, 1963, Article 136 -- Execution - Mode of Execution - Amendment - Can be allowed only if sought within period of limitation - Amendment sought after 17 years from date of decree - Barred by limitation - Powers under Ss.151 and 153 of Code cannot be invoked to remove the bar of limitation...........
Civil Procedure Code, 1908, Section 2(2) -- Rejection of plaint comes within the definition of `Decree'...........
Civil Procedure Code, 1908, Section 47 -- In executability of decree passed by a Court having jurisdiction cannot be challenged in execution - Even an ex parte decree is executable as a contested decree...........
