Civil Procedure Code, 1908, Section 47 -- Execution - Execution proceedings in itself has become a second round of litigation - It takes ages for D.H. to realise the fruits of success of a decree with J.D. assisted innovatively - Decree Court to forthwith execute the decree and not later than one months from the date of this order...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Application filed by obstructor U.O.21.R.97 CPC claiming himself to be in possession of property in dispute, would be maintainable and same should be decreed on merits even if no application is filed by DH to Court complaining regarding obstruction in obtaining possession of..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by third party - Whenever an obstruction or resistance is made by any person whomsoever in the execution of decree by the decree-holder, the Execution Court is under obligation to adjudicate the right, title or interest of the obstructionist/resister in the manner prescribed under Rules 98 to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where wife decided to stay for some more time in her own parental house after delivery of child, it is not understandable as to how such a case could have been brought before Court and more importantly without even waiting for a reasonable period of time - Ground of cruelty not made..........
Hindu Marriage Act, 1955, Section 15, Family Courts Act, 1984, Section 19 -- Decree of divorce - Second marriage by husband during pendency of appeal - Husband failed to establish that appeal was not filed within period stipulated in S.19 of Family Courts Act or that appeal was not presented during period of S.15 of Hindu Marriage Act within time - Second marriage relied..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Cancellation of order allowing maintenance on the ground of husband getting ex parte decree of restitution of conjugal rights - Cancellation order passed mechanically without discussing the effect of such ex parte decree on the wife's claim to maintenance - Husband after passing of decree of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - When in an application for judgment upon admission, admitted amount is under consideration by Court, if decree based on such admission includes interest component, interest part should also have been admitted - Otherwise, interest has to be awarded separately...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Principal sum admitted by defendant - However, interest part disputed by defendant - Interest has to be awarded separately - Plaintiff held, entitled to Rs.4 crores on admission together with 6% simple interest from date of decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not be served as he left the village - Since plaintiff could not get any other address, therefore he applied for effecting service through munadi at the place where property is situated - Munadi was conducted - Thereafter, defendant was proceed ex parte - No fault could be..........
