Civil Procedure Code, 1908, Section 47 -- Execution - Tenancy of defendant lawfully terminated - Defendant having failed to vacate within statutory period, is liable to be evicted - Rent Act not applicable as 10 years have not passed since the date of its construction - Plaintiff, held, entitled to decree of possession...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce, in favour of husband, set aside by High Court - Appeal by husband - Wife accepted Rs.5 lakhs as permanent alimony and thereafter not present from which it is clear that wife is not interested to prosecute the matter - Husband remarried a decade ago after decree of divorce was granted by..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All the questions arising between the parties to the suit settled upto the highest Court - J.D. bent upon coercing D.H. for not obeying the order of Court - J.D. portrays that he intends to obey the decree of Court, but, in fact, is obeying the decree by defiance and wants to show himself as innocent saying..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Limitation - Respondents Nos. 1 & 2 were minor at the time of filing of suit and they sought setting aside of ex parte decree on attaining age of majority - Issue of limitation irrespective of the onus, had to be settled in favour of respondents - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Plaintiff able to satisfactorily discharge obligations by making out a case for passing a decree against defendant - It is appropriate to dispense with the requirement of plaintiff to file an affidavit by way of evidence in support of its pleadings - Suit decreed...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Execution - Preliminary decree passed in a suit for mortgage cannot be executed without obtaining final decree...........
Civil Procedure Code, 1908, Order 34, Rule 15(2) -- Mortgage suit - O.34.R.15(2) CPC is a separate and independent clause meant to give speedy relief to decree holder who gets a charge for the first time under the decree as there is no question of any equity of redemption remaining with debtor in that situation...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Right of redemption of a mortgage should be kept alive beyond passing of final decree till even the appeal or other remedies against orders refusing to set aside sale are passed finally...........
Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........
