Specific Relief Act, 1963, Section 28 -- Rescission of decree for specific performance can be ordered not only when there is failure to deposit purchase money but also when there is failure to deposit other expenses viz. costs of stamp papers, expenses of registration and other incidental charges within the time prescribed by Court in the decree...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
Partnership Act, 1932, Section 14 -- Suit for dissolution of partnership - Assets of the firm - Tenancy rights of the firm has to be treated as part of its goodwill - In determining the assets of the firm on its dissolution, tenancy rights have to be valued along with the goodwill - They have to be taken into account at the final settlement of the account while passing the..........
Agreement to sell -- Specific performance - Death of both parties during pendency of suit - Part of property under mortgage - Mortgage amount exceeding balance sale price - In case of performance successors of defendant will suffer hardship whereas no hardship will be suffered by successors of plaintiff in case of non performance - Decree of specific performance modified -..........
Civil Procedure Code, 1908, Order 20, Rule 6(1) -- Decree - Must be in consonance with the judgment - Decree when not drawn in accordance with judgment then it is not the fault of the party - Drawing up of a decree is the function of the Court and its office, and it would be unreasonable to penalise a party for the default of the office and to deprive them of their rights..........
Limitation Act, 1963, Article 135 -- Execution - Limitation - Decree modified by appellate Court - Limitation to file execution commences only from the date of the judgment and decree of the Appellate Court...........
Doctrine of merger -- Merger of a decree takes place irrespective of the fact as to whether the Appellate Court affirms, modifies or reversed the decree passed by the Trial Court...........
Specific Relief Act, 1963, Section 22 -- Decree for specific performance passed - Sale deed executed by process of Court - Court to ensure delivery of possession even if there was no such prayer as decree holder is entitled to be put in possession of the demised property...........
Arbitration and Conciliation Act, 1996, Section 31(6), 34, Civil Procedure Code, 1908, Section 2(2) -- Interim award - Meaning of - Held, an interim award has to be in the nature of a part judgment and decree as envisaged u/s 2(2) of CPC and same must be such that it conclusively determines rights of parties on a matter in controversy in suit as is done in a final judgment..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex-parte decree - Setting aside - Plea of fraud and condonation of delay - Plea of appellant that some advocate presented vakalatnama on his behalf without his authority and knowledge - Non-service of summons to appellant - Considering that appellant got knowledge of decree very late - Delay..........
