Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Decree for restitution of conjugal rights - Decree for restitution of conjugal rights cannot be enforced except by way of attachment of the property of other party or compensation and mesne profits - Object of O.21.R.32(1) and (3) CPC is that no person can force a female or his wife to cohabit and establish conjugal..........
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..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25B -- Execution of decree - Issuance of warrants - Tenant voluntarily entered into a compromise and pursuant thereto, enjoyed benefit of staying in tenanted premises for a period of ten years - Now, at the stage of execution, tenant cannot raise any objections with regard to jurisdiction of ARC that recorded consent..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - Decree for restitution of conjugal rights - Where wife sitting dormant despite knowing of fact the effort made by husband for restitution of conjugal rights, shows intention of wife not to join back company of husband - Merely because decree for restitution of conjugal rights was not put to execution, it cannot be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Allegations and counter allegations are made by parties which are not trivial in nature or normal wear and tear of married life - It is far more grave and irreconcilable - Even, conduct of husband towards wife constitutes cruelty - Wife is entitled to decree of divorce - Divorce petition..........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession 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)(iii) -- Divorce - Mental disorder of wife - No evidence from expert who are competent to determine whether wife is suffering from mental disorder - Wife serving under CISF and if she is really suffering from any mental disorder she would not have been allowed to continue in her service - Nothing on record that wife has been declared..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife who is serving in CISF is not expected to take all care of child, as is expected from housewife - Allegation to that extent therefore on face of it does not satisfy to accept an additional ground of cruelty - Even there had been no attempt to prove cruelty by wife - Ground of..........
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..........
