Hindu Marriage Act, 1955, Section 13 -- Divorce petition filed by husband on twin grounds of desertion and cruelty - Parties after marriage lived together only for about a week - Wife joined company of husband about six months thereafter but stayed only for five days - Wife involved family members of husband in criminal and civil cases, though in most of the cases, she..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........
Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Decree can be granted only when : (1) plaintiff produces title deeds tracing the title for a period of more than thirty years; (2) when plaintiff establishes his adverse possession to the knowledge of the government for a period of more than thirty years, so as to convert his possession into title -..........
Specific Relief Act, 1963, Section 34 -- Title suit against Govt. - Weakness of government's defence or absence of contest - Not sufficient to decree declaratory suits against the government - It is for the plaintiff to establish his title to the suit property...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act comes into existence from the point of institution of the suit and continues to survive till the satisfaction of the decree...........
Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2 -- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to..........
Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14 -- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and..........
Civil Procedure Code, 1908, Section 152, 153, 151 -- Correction of pleadings and judgment & decree - A bonafide error should be allowed to be rectified in exercise of powers u/ss 151, 152 and 153 CPC...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife cannot use the husband's name anywhere including the bank account after dissolution of marriage by a decree of divorce...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Framing of issues - Issues need not to be framed when objections are by the parties to the suit nor evidence is required to be recorded, particularly when facts are undisputed - 2008(1) Civil Court Cases 364 (P&H) distinguished as in that case it was held that objections filed by third party (i.e. not party..........
