Agreement to sell -- Specific performance - Execution of agreement to sell proved by marginal witness as well as scribe - As defendant was minor at the time of execution of agreement, decree of refund of earnest money with interest, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Only a decree which is nullity can be subject matter of objection u/s 47 CPC - When there was no such inherent lack of jurisdiction application u/s 47 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Where decree given by Court of first instance, is partly in favour of respondent, but is also partly against respondent, two remedies within O.41.R.22 CPC remain with respondent, which are: (i) To file their cross objections and, (ii) To support the decree in whole - However, a third remedy in law also..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Settlement arrived at between parties - In terms of settlement decree of divorce by mutual consent granted in exercise of power u/art 142 of Constitution - Both the parties shall comply with their respective obligations in terms of settlement...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not filed an objection to divorce petition and has not cross-examined wife - Testimony of wife remained unchallenged - Wife thus, established her plea of cruelty and she is entitled to a decree of dissolution of marriage - Divorce granted to wife...........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Execution proceedings are being subsisting for over 18 years - DH is not being able to enjoy the fruits of litigation on account of inordinate delay caused during process of execution of decree - Application for stay of execution rightly rejected...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No document produced to demonstrate that accused and complainant are married - Complainant is already married to one `J' and has a child born from said wedlock - Objections of complainant does not narrate that she has secured a decree of divorce from her earlier husband - Merely because accused has sent some money some..........
Civil Procedure Code, 1908, Section 151 -- Modification of decree - Interlocutory application u/s 151 CPC seeking modification of decree is not maintainable...........
Civil Procedure Code, 1908, Section 152 -- Modification of preliminary decree - Once preliminary decree is merged in decree of appellate Court, trial Court has no jurisdiction to modify or amend preliminary decree...........
