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HIMACHAL PRADESH HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Principles of res judicata not bar a suit of maintenance on an enhanced rate for a different period under altered circumstances even though on an earlier occasion a maintenance decree has been passed and a certain rate of maintenance had been fixed thereunder, as such a decree as to rate of..........

DELHI HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........

DELHI HIGH COURT

Year of decision: 2021
Details

Delhi Rent Act, 1995, Section 25B, 38, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Ex parte decree - Appeal against - Maintainability - In eviction petition to which procedure prescribed u/s 25B of the Act applies, an appeal u/s 38 of the Act is not maintainable against an order dismissing an application U.0.9.R.13 CPC/S.25B(9) of the Act - Only..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........

TELANGANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........

CHHATTISGARH HIGH COURT

Year of decision: 2021
Details

Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties remained together only for 2 days - They filed joint application for divorce by mutual consent after 1 year of marriage - Court passed a decree of judicial separation instead of a decree of divorce by mutual consent - Trial Court observed that period of their staying together is short and that it..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2021
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........

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