Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague and general allegations were made against wife by husband - No specific instances were given regarding allegations levelled by husband - Though in support of allegations husband examined his father but he has no personal knowledge exactly on what issues there was dispute between the..........
Specific Relief Act, 1963, Section 6 -- Dispossession - Proceedings u/s 6 of the Act are summary in nature and thus, no appeal is provided against decree u/s 6 of the Act - However, limited remedy of revision u/s 115 CPC is provided to unsuccessful party but only by way of exception - Owner or person entitled for recovery of possession on the other hand, has an independent..........
Agreement to sell -- Decree of specific performance of an agreement to sell does not vest any title in plaintiff/purchaser till conveyance deed of property in terms of decree of specific performance is executed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - Delay of 15 days as decree holder was bed ridden - Plea not challenged - Application allowed...........
Evidence Act, 1872, Section 3 -- Related witness and interested witness - Difference - Term related is not equivalent to interested - Witness may be called interested only when he or she derives some benefit from result of a litigation in decree in a civil case or in seeing an accused person punished - Where witness had pecuniary interest in getting accused punished, he..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - False criminal case u/s 498-A IPC filed against husband by wife which resulted in acquittal of husband, which itself amounts to cruelty - Moreover, parties had no physical relationship for more than 7 years - It would be futile exercise to restore marriage between parties when their..........
Contempt of Courts Act, 1971, Section 2(b), 11 -- Civil contempt - Willful disobedience or no, compliance with consent decree amounts to civil contempt...........
Contempt of Courts Act, 1971, Section 2(b), 11 -- Civil contempt - Non-compliance of consent decree - If any party gives an undertaking to Court to vacate the premises, from which, he is liable to be vacated, any breach of the same would amount to contempt...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Parties living separately since 2008 i.e for the last 10 years - Despite efforts for re-conciliation, they unable to resolve their differences - It is thus, a case of irretrievable breakdown of marriage - Marriage of parties dissolved by passing a decree of divorce...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
