Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Decree of possession can be passed in a suit for mandatory injunction and even otherwise also, Court is empowered to mould relief in the facts and circumstances of the case...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - First appeal is sub judice and during pendency thereof if decree is executed and petitioner is dispossessed from suit property or title is transferred to plaintiff, same would cause irreversible and irreparable damage qua rights of defendant - Defendant has all throughout..........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - In the absence of summons/affixation/munadi having been made as per procedure prescribed, it cannot be said that defendant stood duly served...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC is maintainable on behalf of minors even if they are not represented through next friend or duly appointed guardian...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Non-appearance of wife after initial consent - Does not amount to consent for decree of divorce as consent must continue till decree and consent to subsist when case is heard...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement in between parties during pendency of appeal - Terms of settlement found lawful - Ex parte divorce decree already granted and wife will no longer assail the same as she has accepted the said dissolution of marriage - Appeal disposed of in terms of settlement agreement - Settlement agreement shall be read as part..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife has not filed any application u/s 25 of the Act - Grant of maintenance by lower appellate Court while dismissing appeals filed by wife affirming decree of trial Court declaring marriage as null and void is vitiated by manifest error of law and set aside...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
