Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Three agreements executed between the parties to resolve disputes - Terms and conditions of one agreement not conflicting with the terms and conditions of the other - Parties separately signed their respective agreements - Approached Court at different times in terms of their agreements - Not necessary for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment of tenant - NRI landlord -Decree passed in favour of one son of landlady of house 'A' - Other son of the landlady on his bona fide need can claim eviction of tenant of his house 'B'...........
Rent and Eviction -- Gifting of property after passing of eviction decree - Petition for eviction on ground of bonafide need - Son of tenant got himself impleaded as a party on plea of independent tenancy right - Father did not contest - Decree for eviction passed - Son held to be not a tenant - Death of tenant - Subsequently landlord gifted away the property - Held, once..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Wife earning more and not ready to leave her job - Marriage survived for a period of seven months - Wife after leaving the matrimonial home never visited her husband - Testimony of wife that husband used to visit and stay with her - This fact denied by husband - From this fact alone animus deserendi on the part of..........
Service -- Termination - Court holding termination order void ab initio and non est and that plaintiff is in continuity of service - Held, employee cannot claim back wages in absence of specific relief granted in decree...........
Civil Procedure Code, 1908, Order 21, Rule 49, 50 -- Decree against partnership firm - Execution can be granted against the partnership property - D.H. can also proceed against the separate property of partners...........
Hindu Marriage Act, 1955, Section 13(1) -- Divorce - Desertion and cruelty - Parties living separately for 14 years - No possibility of parties resuming normal marital life - Living separately for 14 years means that there is an irretrievable breakdown of marriage and it has been rendered a complete dead wood - Factum of separation as well as animus deserendi stand proved..........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- Proviso - Compromise decree - One party disputing it - Court adjudicating on the question whether there was a compromise or not - Decree thus passed by Court is not a compromise decree as such S.96(3) CPC is not applicable and the party aggrieved by such decree passed on a disputed compromise or on rejection of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree passed in favour of a party who was dead or a decree passed against a party who was dead - Such decree is a nullity...........
Legal Services Authorities Act, 1987, Section 21, 22, Civil Procedure Code, 1908, Section 96(3) -- Lok Adalat - Appeal against award - Does not lie - Even u/s 96(3) CPC no appeal lies from a decree passed by Court with consent of the parties - Similarly an award passed by Lok Adalat is with consent of parties as such no appeal against award lies...........
