Civil Procedure Code, 1908, Section 44A -- Execution - Foreign decree - Once pecuniary jurisdiction of Court exceed Rs.20 lakhs as notified by High Court u/s 5(2) of Delhi High Court Act, jurisdiction vests exclusively with the High Court as an ordinary original civil jurisdiction for execution a foreign decree u/s 44-A CPC subject to just objections which are available to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Agreement to sell -- Specific performance - In deciding whether to grant remedy of specific performance, specifically in suit relating to sale of immovable property, Courts must be cognizant of conduct of parties, escalation of price of suit property and whether one party will unfairly benefit from decree...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- First appeal - High Court, in first appeal, impleaded a party and on this ground judgment and decree of trial Court set aside - High Court did not discuss as to whether an application to implead is maintainable - Judgment and decree of trial Court cannot be set aside without any further entering into merits of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty - Petition by husband - Numerous complaints by wife against husband to his employer Army Authorities making serious allegations of extra marital affairs - On the basis of complaints made by wife an enquiry was initiated by Army Authorities and Army Authorities exonerated the husband of allegation..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
