Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Husband and wife living separately since 2011 - Efforts were made to resolve the matrimonial dispute through process of mediation, but mediation failed between parties - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again..........
Suit for possession -- Plaintiff's title to suit property has been accepted by both the Courts below - No evidence to show a case of joint possession between plaintiff and defendants based on title properly except a licence - If on revocation of licence validly made, defendants could be removed from possession, there is no joint possession inferable by any principle of..........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - It is obligation of Court to ensure that only such portion of property which is sufficient to meet the claim in execution petition alone is sold - Words `necessary to satisfy decree' in O.21.R.64 CPC indicate that no sale can be allowed beyond decretal amount mentioned in sale proclamation..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Death of sole surviving appellant during pendency of first appeal - Without impleading L.R's appeal disposed off - On death of sole surviving appellant and legal representatives not prosecuting appeal, consequences were bound to follow namely, that appeal stood abated - Impugned decree set aside and..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 6A -- Compromise - Suit disposed of in terms of compromise but formal decree not drawn - Plaintiff to file an application u/s 151 r/w O.20.R.6-A CPC before the Court for drawing the decree in accordance with the order...........
Service -- Re-instatement - Payment of salary for period during which employee kept out of service - Where appellate authority found termination of employee illegal, it would not ipso facto inevitably follow that employee will become entitled to claim salary for entire period consequent upon his being found to be entitled to reinstatement - This is a matter for authority..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Sale deed executed without objections being called for and considered - Contravenes the provision of O.21.R.34 CPC - Impugned order set aside - Executing Court directed to consider the objections of JD to draft sale deed - In case sale deed which has been executed on the strength..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Draft of sale deed in terms of decree delivered to Court - Objections thereto - Mere fact that contention of JD that decree itself is inexecutable was found meritless, would not absolve Court of its duty to proceed with the matter of considering draft sale deed and objections..........
