Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Merely stating that there is an error apparent on the face of record is not sufficient - It must be demonstrated that in fact there was an error apparent on face of record...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Maintenance to senior citizens - Parents are receiving monthly old age pension and annual lease amount of Rs.25,000 p.a, which is not sufficient for them to lead a normal life - Son of senior citizens himself claims that his monthly income is Rs.10,000 - Order directing son to pay Rs.1000 p.m as..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Provision of de novo trial is mandatory for accused summoned u/s 319 Cr.P.C. - It would not be sufficient to only tender the witnesses for cross examination of such a person rather they have to be examined afresh - Earlier proceeding will become ineffective and inoperative because the accused brought u/s..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife has produced sufficient material on record to prove both physical as well as mental cruelty meted out to her by her husband - Various incidents were narrated by wife and an inference can be drawn against husband that he had not only ill treated her but also was in the habit of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(c), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Notice of application for extension of time to submit charge sheet u/s 36-A(4) of NDPS Act - Accused being produced before Court on the date of filing of application for extension or on the date of any order being passed..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not return to matrimonial home despite husband going to bring her back with his brother and mother, despite notice requisitioning the wife to rejoin husband and despite petition u/s 9 of Hindu Marriage Act being filed by husband - She could not justify not returning to..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Criminal Procedure Code, 1973, Section 482, 169 -- Expunction of disparaging remarks against I.O - Comments/remarks so recorded against I.O were against functioning and conduct of petitioner in person and was not integral to adjudication of application u/s 169 Cr.P.C seeking release of accused for want of sufficient evidence - Moreover, Station House Officer/I.O should not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate prayer of declaration in the suit - Plaintiff was fully aware of facts of case, however, he filed application for amendment after a delay of four years that too without adducing any sufficient or valid reason for such inordinate delay -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
