Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Consent decree -- Registration - Civil Court decree is not an instrument of transfer - Civil Court decree is only acknowledgment of a family settlement which had been arrived at between members of the family - Such decree does not require registration. (Registration Act, 1908, S.17)...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for recovery of possession u/s 6 of Specific Relief Act - Objections filed on the ground that S.185 of Delhi Reforms Act bars a civil suit for recovery of possession - However, bar under said Act is not attracted, as suit property is not agricultural land - There was thus no inherent lack of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by wife - Wife proved on record that she has been treated with cruelty by act of husband who used verbal abuses and insults by using filthy language which constantly disturbed her mental peace - She even proceed to the extent of filing criminal case against husband u/s 498-A IPC - No cross..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13A -- Divorce - Mental cruelty - Petition by wife - Where wife proves on record that she was being treated with cruelty, which is one of ground for granting decree of divorce u/s 13(1)(ia) of the Act, there appears no reason for Family Court to still grant her decree for judicial separation instead of decree of divorce that too..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent has to subsist from day one of filing of joint petition by the parties till the decree of divorce is passed by Court...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife at the stage of second motion - Consent has to subsist from day one of filing joint application till decree of divorce is passed - Rejection of joint petition for divorce by mutual consent, upheld...........
