Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife has been residing separately along with her children at her parents house and she has instituted two cases against husband there - In matrimonial proceedings convenience of wife has to be taken into consideration than that of inconvenience of husband - Petition filed by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of custody petition - Applicant is a widow lady who is fighting for custody of her two minor children, who are alleged to have been illegally taken over by her brother-in-laws - It will be inconvenient for applicant whose one minor son aged 3 years is residing with her, to attend Court proceedings at Thane, which is around..........
Agreement to sell -- Specific performance - Agreement was executed in respect of tentative allotment of 250 sq. yd., whereas the actual area turned out to be 412.41 sq. yd. nearly two and half years later - Moreover transfer to Defendant No.3 took place almost four decades ago - Urban property prices have escalated steeply - It will be wholly inequitable and contrary to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection - Where a sale is void because of breach of mandatory auction provisions, S.47 CPC is an appropriate vehicle to impugn execution proceedings, more particularly where failure is intrinsic and affects the very competence of executing Court to cause transfer of possession or make an absolute sale...........
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..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Service of notice u/s 106 of Transfer of Property Act and validity of service are issues of facts, which cannot be considered in a second appeal, as second appeal contemplates consideration of substantial questions of law and not mere questions of law...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - In matrimonial proceedings, convenience of wife has to be taken into consideration than that of inconvenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition filed u/s 12 of Hindu Marriage Act - Wife has been residing separately and depending upon mercy of her parents at Rajahmundry - She has instituted two criminal cases against husband in Rajahmundry and also filed a Domestic Violence Case and same are pending for adjudication and husband also attending the Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Transfer of Property Act, 1882, Section 68(c) -- Mortgage - When mortgagors are found to be in possession of land which was subject matter of mortgage even if they have obtained the possession illegally, only remedy available to plaintiffs was to sue for claiming back mortgage money as per S.68(c) of the Act...........
