Hindu Marriage Act, 1955, Section 24 -- Appeal by wife against order of Courts below granting decree of restitution of conjugal rights to the husband -Maintenance pendente lite - Appeal of wife dismissed as she is found not interested in continuance of the sacred matrimonial tie - wife however is entitled to the maintenance pendente lite and litigation expenses and the..........
Civil Procedure Code, 1908, Section 115 -- Revision - Preconditions for interference - After amendment in S.115 of the Code, for interference with an order in exercise of revisional jurisdiction, three conditions must be fulfilled; firstly, that the case comes within any of the three clauses of sub-section (1) of S.115 of the Code; secondly, that against the order..........
Civil Procedure Code, 1908, Section 151, 144 -- Restitution - Suit for injunction - Interim injunction granted exparte but later vacated - Before filing appeal, defendant dispossessed plaintiff from suit premises forcibly -Appeal against order vacating interim injunction allowed and temporary injunction granted pending disposal of suit - Restitution can be ordered under..........
Civil Procedure Code, 1908, Order 22, Rule 9, Civil Procedure Code, 1908, Order 43, Rule 1 -- Order refusing to set aside abatement - Appeal against - Maintainable - An appeal shall lie under O.43.R.1(k) against an order under Order 22 Rule 9 CPC refusing to set aside the abatement of an appeal. It cannot be said, that the order of refusing to set aside the abatement,..........
Civil Procedure Code, 1908, Section 105(2) -- Party aggrieved by an order of remand if does not file appeal he shall thereafter be precluded from disputing its correctness - Does not apply if there is no final decision on any point in order of remand...........
Specific Relief Act, 1963, Section 10 -- Decree for specific performance - Affirmed in first appeal - In second appeal to High Court, defendant produced a receipt issued by plaintiff acknowledging repayment of amount borrowed by him from plaintiff - High Court set aside decree in favour of plaintiff finding that non-disclosure by plaintiff of the said repayment disentitled..........
Hindu Succession Act, 1956, Section 6, 8, 30 -- Partition Act, 1893 - Adopted son filed suit against adoptive father for partition of properties into two equal shares and for allotment of one such share to him - During pendency of suit adoptive father died and adoptive mother brought on record - During Letters Patent Appeal she also died - She bequeathed her share of..........
Civil Procedure Code, 1908, Section 100 -- Interpretation of the contract is a question of law - High Court can examine such question in second appeal...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction - Permitting objection by appellate Court - Where in respect of a suit two conditions envisaged by S.21 such as objection to jurisdiction was taken in the Court of first instance, objection was taken before settlement of issues were satisfied but the third condition contemplating failure of justice was not satisfied,..........
Easement Act, 1882 -- Easement of necessity - Is one which the law creates according to doctrine of implied grant in a particular case and is one without which dominant tenement cannot be used at all that is to say that land of plaintiff is surrounded on all sides by land belonging to third person and the only way of access is over the contiguous land of guarantor - Thus..........
