Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Injunction decree - Violation of decree - Plaintiff not specified any particular incident with reference to date, time and manner of occurrence in the petition - Cause of action for filing petition U.O.21.R.32 CPC cannot be advanced - Merely because defendant stated in his cross-examination that he was not bound..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Nothing stated that applicant had no knowledge of such additional evidence despite due diligence - No reason given for failure to produce document in trial Court which is sought to be produced in the Court of appeal - Moreover, there is no pleading regarding which additional evidence..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - High Court has no jurisdiction to decide all the issues as if it was hearing first appeal and instead of answering the questions, set aside the judgment/decree of two Court below and proceeded to remand the cases to trial Court for de novo trial...........
Practice and procedure -- If, from - the available evidences, two inferences are probable, but one inference has been reached in judgment under challenge, which is not perverse, then such findings should not disturbed in Second Appeal or in revision or in review...........
Arbitration and Conciliation Act, 1996, Section 50, , Section 5, 13 -- Arbitration - Letters Patent Appeal - Appeal against judgment of single Judge in an international Arbitration matter - Letters Patent Appeal is maintainable...........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Pursuant to such extension amount already deposited - Suit of plaintiff was decreed and defendants were directed to execute and register the sale deed in favour of plaintiff as per..........
Indian Penal Code, 1860, Section 506, Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(n), Evidence Act, 1872, Section 3 -- Rape of minor girl - Appreciation of evidence - It appears that the credibility of depositions laid by the prosecution is under cloud which needs demystification by way of re-examination - This is a rare and exceptional case..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Civil Procedure Code, 1908, Section 13 -- Foreign matrimonial judgment - Divorce certification - Petitioner and his divorced wife voluntarily and effectively submitted to jurisdiction of UAE personal Status Court and consented to grant divorce to each other, although jurisdiction of said forum is not in accordance with provisions of matrimonial law applicable to them -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Ex-parte judgment - Though ex-parte judgment need not be more elaborate, yet there should be a brief record of facts and discussion on evidence adduced with reference to acts of cruelty and as to how Court has come to conclusion that S.13(1)(ia) of 1955, Act is attracted...........
