Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Subsequent purchaser - Where property is purchased by subsequent purchaser during pendency of suit in good faith, principles of lis pendens will certainly be applicable notwithstanding the fact that his rights can be protected u/s 19-B of Specific Relief Act -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
Hindu Marriage Act, 1955, Section 25(1) -- Permanent alimony - On an application made either by the wife or the husband, at the time of passing any decree or at any time subsequent thereto, the court shall order the payment of permanent alimony and maintenance which may appear to be just on account for maintenance and support till the life of the applicant keeping in view..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee during pendency of suit - Application U.O.1.R.10 CPC is not maintainable - It is always open to subsequent transferee to prosecute the matter by moving an application U.O.22.R.10 CPC which would then be considered by Court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee - It is application U.O.22.R.10 CPC which is maintainable and not application U.O.1.R.10 CPC - Scope and ambit of the two provisions is quite different - In the case of subsequent transferee when application is filed U.O.1.R.10 CPC it is not maintainable -..........
Transfer of Property Act, 1882, Section 54 -- Sale - Two sale deeds executed in favour of applicants subsequent to final decision of recall petition regarding suit property - Vendors of these two sale deeds had no right in property sold by them and no rights can accrue in favour of applicants on the basis of these proceedings...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of plaintiff that after getting..........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Contractual allegations - A distinction has to been kept in mind between mere breach of contract and the offence of cheating - It depends upon intention of accused at the time of the inducement - Subsequent conduct is not the sole test - Mere breach of contract cannot give rise to criminal prosecution for cheating..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Suit for injunction filed because of imminent threat from defendant of dispossession from the suit property - Cause of action to file suit for specific performance arose during pendency of suit for permanent..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If two suits and relief claimed therein are based on the same cause of action then only the subsequent suit will become barred U.O.2.R.2 CPC...........
