Registration Act, 1908, Section 17 -- Registration - Unregistered decree - Family settlement - Any Civil Court decree passed in favour of family members on basis of family settlement who have some semblance right does not require registration...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Police protection - Decree for permanent injunction - Police protection allowed by executing Court - Order set aside by High Court - Application not liable to be dismissed merely for the reason that it was filed u/s 151 CPC and not U.O.21.R.32 CPC - Order allowing police protection cannot be set..........
Malicious Prosecution -- Appellants knew it fully well that as per legal pronouncements and legal order appellants had no right to claim possession of title over suit land - However, to harass respondents appellants took an alternative and oblique route of pressuring and harassing respondents by lodging an FIR against them which one of respondent was arrested and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False and baseless allegations against husband implicating him in a case instituted u/s 494 IPC and demand of dowry - Amounts to mental cruelty to husband, which certainly made the husband entitled to a decree of divorce - Divorce rightly granted to husband...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Mere filing of memo of appearance which is valid only for one date, service on defendant cannot be assumed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - On receipt of application for execution of decree, executing Court is required to ascertain whether requirements of O.21.Rr.11 to 14 CPC, has been complied with or not and in event of no, compliance, duty is cast upon Court to allow said defect to be remedied...........
Specific Relief Act, 1963, Section 20 -- Decree of specific performance - Appeal to Supreme Court - Three Courts below concurrently decreed the suit in favour of plaintiff on appreciating the evidence in their respective jurisdiction and discretion - Such findings are binding on Supreme Court, particularly when such findings were neither found to be perverse, nor against..........
Specific Relief Act, 1963, Section 20 -- Decree for specific performance - Leave to appeal filed by subsequent purchaser - Maintainability - Subsequent purchase sold suit property to third party during pendency of proceedings - He is no more owner of suit property and neither in possession of the same - Contention of subsequent purchaser that since no stay order passed by..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff is entitled to decree on admission only when admission by defendant is clear and unequivocal...........
