Transfer of Property Act, 1882, Section 60, 67 -- Clog on equity of redemption - Mortgage - Loan repayable within seven years otherwise mortgage land will be absolute sale - Mortgagee put into possession with a right to appropriate the usufruct of the land as interest - Held, this is a mortgage by conditional sale with usufructury right which is permissible in a mortgage..........
Hindu Marriage Act, 1955, Section 13 -- Desertion and cruelty - Divorce petition by wife - Wife not complied with decree of restitution of conjugal rights in favour of husband - Husband prosecuted u/ss 406, 498-A IPC and acquitted - Fact of acquittal not brought to the notice of Court when affidavit was filed by wife - In cross examination wife did not accept the fact of..........
Civil Procedure Code, 1908, Section 97 -- Preliminary decree - Modification - Affected party can apply for modification of decree or amendment of a decree by placing material on record to justify the same - There is no total bar...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 14 -- Partition suit - For proper adjudication of the dispute a detailed enquiry and reasons are necessary before confirming the Commissioner's report which will be culminated in the final decree in a suit for partition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False, baseless, wanton and scandalous allegations in written statement - Amendment of plaint to seek relief on such allegations is not required - A decree for divorce can be passed on the basis of such allegations...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - In an appeal against grant of decree of divorce, parties agreed for divorce by mutual consent - Decree of divorce converted into a decree of divorce by mutual consent subject to payment of Rs.Five lacs by husband to wife which will also cover arrears of monthly maintenance, if any, so far...........
Sale -- Collector rate or circle rates - Decree for specific performance - Sale got registered at a price of Rs.2 lakhs - Collector rate was Rs.33 lakhs - Held, authority can question the sale price entered into by the buyer and seller - Vendee directed to pay balance stamp duty...........
Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952 -- Occupancy tenant - Rights of ownership acquired by father by virtue of Act - It will be self acquired property - Land acquired by him through pre-emption decree - It will also be self acquired property...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Irretrievable break down of marriage - Supreme Court alone has exclusive power to grant a decree of divorce on the ground of irretrievable break down of marriage - No other Court has such a power...........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13 -- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant..........
