Civil Procedure Code, 1908, Order 21, Rule 66 -- Estimated value - To be ascertained after hearing both the parties - Should be given in the sale proclamation...........
Evidence Act, 1872, Section 101 -- Onus to prove - Parties leading evidence - It becomes wholly immaterial as to on whom the onus lay to prove a particular fact...........
Civil procedure Code, 1908, Section 100 -- Substantial question of law-Means a question which directly and substantially affects rights of the parties and which has not been finaly settled by the supreme court or the High Court - where the question is about the interpretation of statutory and procedural provisions of certain Act or the Code, it certainly involves the..........
Special Marriage Act, 1954, Section 27 -- Marriage between the parties solemnized under the Christian Marriage Act - Petition u/s 27 for divorce on the ground of desertion - Petition can be entertained only when the marriage was either solemnised or deemed to have been solemnised under the Act - Petition was rightly held to be not maintainable by the court below...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment of pleadings can be allowed at any stage of the proceedings either in the suit or in the appeal provided it is necessary for the purpose of deciding the controversies between the parties and it is not barred by time - Amendment of pleadings can also be allowed if it is..........
Civil Procedure Code, 1908, Order 34, Rule 4 -- Suit for recovery of mortgage money by sale of mortgaged property - Even if the mortgagor concede the claim, a preliminary decree has to be passed in terms of O.34 R.4 CPC and a date for redemption has to be fixed, unless the parties to the suit specifically agree for passing a final decree...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - It is the duty of Court to make enquiry either by hearing or examining parties and only on being satisfied that consent of parties has not been obtained by force, fraud or undue influence pass a decree for divorce - Court has to be satisfied about the bonafides as well as consent of parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - In addition to prima facie case plaintiff has to show that (i) In the event of withholding the relief of temporary injunction he will suffer an irreparable injury (ii) In the event of his success in the suit in establishing his alleged legal right encroachment where of is complained against, he will..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Expression 'to settle all questions involved' used in Order 1 Rule 10(2) is susceptive of liberal and wide interpretation so as to adjudicate all the questions pertaining to the subject matter of the suit, arising not only between the parties to the suit but also the third party whose presence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Long before agreement of sale of property, the same was gifted by registered deed of wakf for religious and charitable purposes - Ownership vested with wakf Board - Interveners directly interested in subject matter of suit - Held, Muthavalli and wakf Board are necessary..........
