Indian Penal Code, 1860, Section 494 -- Bigamy - Solemnization of marriage during operation of an ex parte decree of divorce of earlier marriage, would not amount to offence of bigamy, even though ex parte decree of divorce is subsequently set aside...........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiff is claiming title and possession over suit land alleging that proprietor of village, had settled the suit land in his favour - It stands proved by Amin report and Hukumnama as well as the Rent receipt - Order of Additional Collector directing realization of rent from plaintiff also confirms..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - In a suit for partition, each party is plaintiff and even if plaintiff is not proceeding with the suit, Court was required to proceed with the suit - Suit dismissed in the year 2016 having no legal or rational reason - Time passed is almost 8 years - Suit restored...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 3(a) -- Ex parte ad interim injunction - Where it is proposed to grant injunction without giving notice to opposite party, Court shall record reasons for its opinion that object of granting injunction would be defeated by delay...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff must prove the boundary as well as the existence of property for claiming relief of permanent injunction - However, documents shows that property available is only to an extent of 1 acre and not 1 acre 5 guntas - Relief rightly granted to the extent of 1 acre of land...........
