Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband on ground of cruelty and desertion - Failure to prove the grounds - High Court in appeal dissolved the marriage on payment of Rs.10 Lakhs by husband to wife - Held, marriage under Hindu Act can be dissolved only on any of the grounds as enumerated u/s 13 of the Act - Law does not permit the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre mature suit - (1) Not necessarily to be dismissed for such reason; (2) Question of suit being premature does not go to the root of jurisdiction of the court; (3) Court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or..........
Civil Procedure Code, 1908, Section 39(4), Order 7, Rule 11 -- Execution of decree - Transfer of decree - Mode and manner of transfer of decree - Held, only on compliance of requirement of R.6, decree could be transferred to court having jurisdiction - On such a transfer, transferee court would execute decree in the manner decree holder seeks for its enforcement -..........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - In absence of a finding that sale of entire property is inevitable executing Court has only jurisdiction to sell that much of the property which would satisfy the decree...........
Specific Relief Act, 1963, Section 28(1) -- Passing of decree for specific performance of agreement to sell - After passing of the decree Court does not cease to have jurisdiction and it retains control over the decree as Court can in exercise of powers u/s 28(1) of the Act, either extend time or rescind contract as claimed...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31A -- Execution of decree passed in suit for recovery of amount due to bank filed in civil court - Suit decreed - During relevant time DRT Act was in force and Tribunal was constituted - Held, civil court has no jurisdiction to entertain execution petition - Entire execution proceedings are void..........
Specific Relief Act, 1963, Section 10, 16 -- Specific performance - The very foundation of the jurisdiction to decree specific performance of contract is that award of damages does not afford the aggrieved party a complete remedy and put him in the situation as beneficial as if the contract is specifically enforceable - If damages is an adequate remedy, Specific..........
Himachal Pradesh Land Revenue Act, 1953, Section 171, 163 - - Jurisdiction of Civil Court - Suit for declaration and injunction - Whether decree for declaration can be granted in favour of plaintiff without assailing ejectment order passed u/s 163 of the H.P. Land Revenue Act - Held, Civil Court had no jurisdiction to grant decree in question in favour of plaintiff without..........
Rent and Eviction -- Premises let out by one company to another company - Eviction order passed on ground of bonafide requirement - During pendency of revision petition landlord company merged with another company - Amalgamated company is entitled to the benefit of eviction - Further held, (a) the rights of the landlord are to be determined as on the date of ejectment..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2) -- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
