Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing appeal - Decree under Hindu Marriage Act - Appeal filed on 4.8.2021, though judgment challenged under appeal was delivered on 23.11.2019 - Excluding period of limitation prescribed under Hindu Marriage Act and period taken for getting certified copy of judgment and also excluding period as..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Scope - Provision of O.41.R.5 CPC provides for only stay of proceedings under a decree or stay of execution of decree - Provision does not empower appellate Court to stay operation of judgment...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife, both are doctors by profession - At the time of marriage wife was in UK and husband was in India - Parties went to UK after marriage - However, due to continuous intimidations between them, husband returned to India - Wife has not made up her mind to live with her..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Decree of divorce cannot be granted on the ground of irretrievable breakdown of marriage while deciding appeal arising out of proceeding u/s 13(1) of the Act, as such ground is not available u/s 13 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband failed to establish plea of cruelty by wife - On the other hand wife has made a categorical claim that she had been thrown out of her matrimonial home, as husband was demanding dowry - Criminal case also lodged by wife against husband - Wife has been neglected by husband since..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Agreement to sell -- Specific performance - Readiness and willingness - Concurrent findings of trial Court and first appellate Court - High Court in second appeal ought not to have interfered with such findings of fact unless such findings are found to be perverse - Since findings recorded cannot be said to be perverse and/or contrary to evidence on record, High Court..........
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 13 -- Execution - Objection to execution proceedings as well as to application u/s 47 CPC filed by applicant do not either disclose any substantial defence to decree or testify the same to be suffering from any jurisdictional infirmity or invalidity - Order rejecting objections held, proper...........
Partition -- Suit for partition - Cannot be maintained unless all the sharers are made parties to proceedings - Same principle is applicable to in the matter of a decree that can be passed based on a compromise of dispute involved in a partition suit...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Explanation - Decree - Assignment pre decree and assignment post decree - Objective of adding Explanation to the provision of O.21.R.16 CPC was to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree...........
