Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Indian Penal Code, 1860, Section 494 -- Bigamy - Second marriage performed after grant of decree of divorce but during pendency of appeal filed thereagainst - Appeal dismissed confirming decree of divorce - Doctrine of merger comes into play - Decree would operate from date of original decree of divorce of Family Court - Appellate decree reverts back to date of decree of..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Waiver of mandatory period of one year as prescribed u/s 14 of the Act - Parties stayed together only for 2 days - Both parties received all the articles given by them at the time of marriage - It is further stated that none of them will claim anything with regard to past or future maintenance -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In between co-defendants - If plaintiff cannot get his right without trying and deciding a case between co-defendants, Court will try and decide the case, and co-defendants will be bound - However, if the relief given to plaintiff does not require or involve a decision of any case between co-defendants, then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 41(a)(b) -- Interim injunction - Cannot be issued in favour of plaintiff to obstruct execution of decree - Such relief is specifically barred u/s 41(a)(b) of Specific Relief Act - Interim injunction rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction of second story over already existing structure - Possession of defendants over piece of land is not disputed by plaintiffs - Defendants had already raised construction of a single storey structure and it was this structure which was sought to be got..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Irretrievable breakdown of marriage - Decree of divorce granted on the ground of irretrievable breakdown of marriage by Family Court is erroneous, when both the grounds of cruelty and desertion for seeking divorce had not been proved by husband - Family Court could not have granted divorce except on grounds mentioned..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Financial debt - Final judgment and/or decree of any Court or Tribunal or any Arbitral award for payment of money, if not satisfied would fall within ambit of a financial debt, enabling creditor to initiate proceedings u/s 7 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Proceedings u/s 7 of the Act - Judgment and/or decree for money in favour of financial creditor, passed by DRT or any other Tribunal or Court or issuance of a certificate of recovery in favour of financial creditor, would give rise to a fresh cause of action for financial creditor to initiate proceedings u/s 7 of the Act..........
