Agreement to sell -- Specific performance - Grant of decree for refund of amount paid alongwith interest @ 6% per annum by holding that equity does not lie in favour of plaintiff since possession of land in question was never transferred to plaintiff - Two Courts below have exercised discretion in declining the decree of specific performance - No interference warranted...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Compromise decree for specific performance - Objections - Agreement to sell indicates that vendees were already knowing of fact that suit land had been acquired - Even notification for acquisition of land issued prior to execution of agreement to sell - On passing of award, taking over possession of..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - Amendment of decree - Starting point of limitation - If amendment of decree is not in the nature of clerical or arithmetical mistake, date of amendment is the starting point of limitation - Where amendment sought for is only clerical or arithmetical mistake, limitation starts to run from date of original decree..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of four cheques towards advance rent - Premises vacated - One cheque presented for recovery of damages caused to the property - Civil Court decree was passed against complainant and a finding was recorded that no damage was caused to building - Respondent successfully rebutted the..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Person including a stranger could maintain a petition U.O.21.R.97 CPC and get adjudication when he was to be dispossessed by Decree Holder...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objections by a stranger - Decree for declaration of title - Land of petitioner is different from land against whom decree has been passed in the suit - Prayer to declare right, title and interest over suit land concerning title suit does not arise, as execution of decree concerning title suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - When suit is for decree of permanent injunction and it is averred that plaintiffs are in possession of suit property pursuant to agreement and thereafter they have developed the land and they are in continuous possession since more than 12 years and also paying taxes to Corporation,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43 -- Rejection of plaint - Refusal to reject plaint - Order is not a decree - Appeal thereagainst does not lie...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed unsubstantiated criminal complaint against husband and his family members which caused them immense mental cruelty and agony - She made several contradictory and unsubstantiated allegations in her written statements, complaint before CAW cell alleging dowry demand and her..........
