Hindu Succession Act, 1956, Section 14(1) -- Property of a female Hindu - Mother of plaintiffs became owner of suit land by way of a decree suffered in her favour by her husband - It cannot be said that suit land was ancestral property - By virtue of S.14(1) of Act, mother of plaintiffs became absolute owner of suit land by way of civil Court decree passed in her favour...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Once it was admitted by plaintiffs that possession of suit land was with subsequent purchasers, their simplicitor suit for declaration and permanent injunction challenging the impugned decree in favour of defendant and subsequent sale deeds in favour of subsequent purchasers..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of blockage caused by raising construction over a path in question - No evidence on record to prove that by raising such construction width of path will be reduced - No demarcation report placed on record by plaintiffs showing the precise portion on record encroached by defendants - Omission of said..........
Court Fees Act, 1870, Section 7(iv)(A)(As -- Court fee - Suit for declaration that sale deed is null and void - Where suit is for or involving cancellation or adjudging/declaring null and void decree for money or an instrument, S.7(iv)(A) of Act is applicable and not Art.17(iii) of Court Fees Act, as said Article is applicable only when there is no provision elsewhere in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mis-description of boundaries - Clerical and arithmetical errors, which have crept in plaint can be corrected even after passing of decree...........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Right of widow to be maintained although does not create a charge on the property of her husband but certainly widow can enforce her right by moving Court and for passing a decree for maintenance by creating a charge...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - No valid grievance to obstruct execution of decree - Apprehension that while executing decree possession of petitioners on pattasud land is likely to be disturbed is wholly unfounded - Executing Court committed no illegality and material irregularity in exercise of its..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for removal of encroachment - Objections - Decree passed by trial Court and affirmed upto Apex Court is confined to offending part of encroachment - Petitioner have no valid grievance to obstruct execution of said decree - So far as apprehension of petitioners that while executing decree possession of petitioners..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by wife - Merely because wife failed to substantiate allegations with regard to relationship of husband with another woman, that does not amount to mental cruelty to husband and would not entitle husband to a decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - No evidence on record that parties lived separately for a period of more than two years before institution of proceedings - Plea of desertion is no longer available to husband for grant of decree of divorce - Even otherwise, there is nothing on record suggestive of fact that wife ever intended to..........
