Civil Procedure Code, 1908, Order 9, Rule 13, Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Ex parte decree - Setting aside - Suit for possession, rent and mesne profit - Tenant neither deposited entire amount as payable by him nor there was any previous application seeking permission of Court to give security, on the date when application U.O.9.R.13..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30(2), Provincial Small Causes Courts Act, 1887, Section 17 -- Proviso - Deposit of rent in Court - Tenant on the date when application U.O.9.R.13 CPC was filed, not deposited total amount of rent due u/s 30(2) of UP Act - Deposit of rent u/s 30(2) of 1972 Act cannot be treated to..........
Land Acquisition Act, 1894, Section 28A, 23 -- Acquisition of land - Land of appellant, his father and brother acquired by same notification - Land owned by all three parties is comprised in same survey no. - There is no reason as to why compensation awarded to father and brother of appellant under same notification not awarded to appellant - It is thus, appropriate to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Future earnings - Appellant was getting a salary of Rs.37,500 as per documents of employment and bank statement - 50% of that amount would have to be taken into account which is 18,750 pm and multiplied by 12 for whole year - Loss of earning power after applying multiplier 16..........
Civil Procedure Code, 1908, Order 15A -- Striking off defence - Non-payment of arrears of rent - Suit property has been purchased by deceased husband of plaintiff - Said fact is not denied by defendant - Plaintiff produced Will on record showing her husband leaves his residual properties in her favour - Defendant is admittedly attesting witness to said Will - Execution of..........
Insolvency and Bankruptcy Code, 2016, Section 7, 33 -- Corporate Insolvency Resolution process - Liquidation of Corporate debtor - Appellant despite passage of almost five months has not been able to deposit an amount of Rs.50 crores in terms of understanding arrived at with CoC - Appellants thus, failed to abide by its obligations - Time is a crucial facet of scheme under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Wife made several defamatory complaints to husband's superiors in Army and to other authorities, such as State Commission for women and has posted defamatory materials on other platforms - Husband's career and reputation suffered - Said acts of wife amount to mental cruelty to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - Amount spent by J.D. on construction - In written statement J.D. has pleaded expenditure of 4.5 lakhs on construction - Operative part of judgment provides that cost of construction is payable and not current value of construction - Order assessing current cost of construction set aside - D.H...........
Agreement to sell -- Specific performance - Balance sale consideration remained with plaintiff throughout - Decree of specific performance modified to the extent that plaintiff shall be liable to pay balance sale consideration alongwith interest @ 9% from the date the amount as per agreement became payable till the date of its deposit before Executing Court, as per the..........
Agreement to sell -- Specific performance - Readiness and willingness - Suit filed within 2-1/2 months of the date of execution of sale deed - Plaintiff also issued notice to defendant before filing suit - It is defendant who transferred property to his children before target date - Relief of specific performance rightly granted - However, since balance amount of sale..........
