Civil Procedure Code, 1908, Section 152 -- Decree - Amendment - Court can amend decree if inspite of pleading an issue is not framed which ought to have been done...........
Electricity Act, 1910, Section 26(6) -- Meter - Found not correct - Supplementary bill - Provision of S.26 of the Act provides that where any meter is found not correct the same should be referred upon an application by either party to the Electrical Inspector - Sales Manual Regulations 115 & 116 are also to the same effect - Due procedure not adopted by Electricity Board..........
Agreement to sell -- Joint property - Agreement executed by one co-sharer on behalf of other co-sharers also without their authority - Held, vendor is bound by the agreement and decree for specific performance can be granted to the extent of his share...........
Specific Relief Act, 1963, Section 34 -- Declaration - If a judgment or a decree is obtained on account of fraud or collusion, a suit for declaration is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Sufficient cause - Bonafides absent - There can be no sufficient cause when bonafides are absent...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte when case was pending for evidence of defendant - Thereafter case was adjourned on several occasions for hearing of the arguments and defendant or his counsel did not appear - Bonafides absent - When bonafides are absent there is no sufficient cause - Application..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Bona fides absent - An exparte decree cannot be set aside merely on payment of costs as there can be no sufficient cause when bonafides are absent...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Plea of husband that wife left her company without any reasonable cause - Plea not proved - Plea of wife that husband was harassing her for more money and that he is addicted to bad habits and left his company - Fact that petition of wife for maintenance was allowed and divorce..........
Civil Procedure Code, 1908, Section 47 -- Death of defendant during appeal - Application filed for impleading L.R's but order not passed by Court inadvertently - Decree drawn against a dead person - Held, decree is executable against legal representatives - Parties not to suffer for mistake of Court...........
Agreement to sell -- Agreement to sell house in which defendant resides - Plea that it is not equitable to grant decree of specific performance of house in which defendant resides - Plea repelled - Moreover the plea of hardship is not proved from the evidence on record - Also it is not a case that defendant did not foresee the hardship - Decree of specific performance..........