Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Divorce petition filed by husband due to disputes between his mother and wife and not because of any matrimonial issue - Allegation that wife while attempting to commit suicide burnt her face not proved by any evidence - As regarding allegation that wife quarreled frequently and..........
Agreement to sell -- Specific performance - Suit property absolutely settled in favour of defendant by his father - Defendant agreed to sell property in favour of plaintiff - Due execution of sale agreement proved by PW2 and being a registered document, presumption in favour of plaintiff has to be drawn - Right of minor son of defendant to resist execution of sale..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Period of 15 months was fixed after paying substantial sale consideration for completing contract dated 30.1.2014 - However, there is no express terms of contract or impliedly intention of parties to indicate that time of 15 months is essence of contract - Plaintiff was always ready and..........
Limitation Act, 1963, Section 5, Family Courts Act, 1984, Section 19 -- Applicability of S.5 of Limitation Act to appeal u/s 19 of Family Courts Act - Provision of S.5 of the Act is applicable for condoning delay in filing appeal u/s 19 of Family Courts Act by virtue of S.29 of Limitation Act, as there is no specific bar of application of Limitation Act under provisions of..........
Specific Relief Act, 1963, Section 34 -- Proviso - Suit for declaration - Suit without seeking further relief which plaintiffs are able to seek further relief but omitted to do so - Suit is not maintainable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - There is no specific provision for ordering eviction of persons who had forcibly occupied house of senior citizen and parent - However, relief of eviction is implicit in the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund for advance - Relief of refund of advance is alternative relief which can be sought at any stage of suit and even after disposal of suit and at the time of execution - There is no question of relief being barred by limitation - Amendment..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Decree for specific performance - Description of property found different during execution proceeding - Court Amin made an endorsement and returned warrant of delivery of possession in respect of suit property for the reason that description of property differs from sale deed executed in favour of plaintiff -..........
Agreement to sell -- Specific performance - Refund of earnest money - Defendant admitted not only in his pleadings but also in evidence as to receipt of payment and execution of agreement, which is also a registered agreement, thus, he cannot say that amount cannot be refunded merely because he pleaded that it is a money transaction and such amount cannot be refunded in a..........
Agreement to sell -- Specific performance - Readiness and willingness - No averment made in pleadings as to readiness and willingness of plaintiff - Plaintiff disentitled to seek equitable relief of specific performance - Suit dismissed...........
