Specific Relief Act, 1963, Section 31 -- Cancellation of settlement deed - Unilateral cancellation of settlement deed by way of a revocation deed would not be permissible - Registration of such a document is equally impermissible...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband able to show that attitude of wife exposed him to cruelty/harassment, which is sufficient to seek relief of dissolution of marriage - Divorce petition rightly allowed...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - When main relief of cancellation of sale deed of disputed property is not granted to plaintiff, then even consequential relief of permanent injunction cannot be granted to him against true owner of disputed property, who has acquired its ownership on the basis of said sale deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Where sale has been completed and title of property has been transferred in favour of transferee, even if full sale consideration has not been paid by transferee to transferor, sale deed cannot be cancelled by Court - In such a situation, transferor can file a suit for recovery of balance sale..........
Specific Relief Act, 1963, Section 38, 39 -- Co-owners - Suit for permanent or mandatory injunction - Not maintainable against another co-owner, notwithstanding the fact that different co-owners may be in a separate actual possession of distinct portions - In such circumstances, the only appropriate and legally permissible course open to plaintiff was to seek partition of..........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court can grant interim relief pending appeal even if suit is dismissed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Summoning of witness - Person whose name is not mentioned in list of witnesses, may be summoned or recalled if party seeking said relief shows sufficient cause for the same...........
