Agreement to sell -- Specific performance - Time as essence of contract - Recitals in agreement reveals that parties prepared agreement in the form of a family settlement with clear intention that they would be able to transfer ownership of property in question by way of this agreement - Entire sale consideration was paid and possession of property already delivered - Time..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Deed of settlement marked as mark `A' for the reason it being a photocopy - Trial Court holding that unless wife joined in filing an application u/s 13-B of the Act, document could not be considered - Husband able to prove cruelty in the form of denial of sex by wife - Divorce granted on ground of cruelty...........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Limitation Act, 1963, Section 5, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 25 -- Condonation of delay - Delay in payment of amount - Recovery of debt as per settlement reached in Lok Adalat - Parties agreed that if amount not paid within time schedule than bank will be at liberty to recover entire amount due - However, if agreed amount..........
Hindu Marriage Act, 1955, Section 13B -- Parties arrived at settlement during pendency of transfer of divorce petition filed by husband - Amount of Rs.12 lakhs paid to wife - FIR lodged by wife u/ss 498-A, 406, 506(2) read with S.34 IPC quashed - Marriage between parties dissolved by consent...........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance to wife - Quashing of maintenance order - Settlement arrived at between parties - Divorce by mutual consent is granted in view of settlement - Impugned order of maintenance set aside, as sufficient amount including permanent alimony was already granted to wife...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Suit property mutually partitioned by deed of family settlement between parties - Factum of family settlement not denied by defendants - Plaintiff not claiming an inch of land beyond what has fallen to his share - More so, defendants..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition pending in between the parties - Settlement arrived at between the parties - Terms of settlement shall be treated as an undertaking to Court - Parties to file petition for divorce by mutual consent in the pending divorce petition alongwith application for waiver of six months statutory..........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Applicability of S.10 - Though S.10 of TPA may not be directly applicable to a deed of partition, but absolute restrain on alienation in a deed of family settlement or partition will be invalid on general principles of law...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit and commencement of evidence..........
