Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife exhibited her wickedness by subjecting husband who is daily wage labourer, to repeated criminal cases and her vileness by compromising after receiving substantial sum of Rs.3 lakhs from husband - Act of wife in filing divorce petition and withdrawing same..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court can interfere if it is satisfied that findings of Court below are based on misreading of evidence or so perverse that no person of ordinary prudence could take the said view and intervention u/s 100 CPC is permissible provided that case involves a substantial question of law, which is different from question..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Suit for permanent injunction and declaration - Questions raised in second appeal did constitute substantial questions of law within the meaning of S.100 CPC - High Court unfortunately did not examine any of issues much less in its proper perspective - High Court..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff already paid substantial amount of Rs.1,40,000 out of sale consideration of Rs.1,80,000 - Balance amount has to be paid at the time of registration as per agreement - Under Telegraphic notice plaintiffs made clear that they were ready and willing to pay balance sale consideration - More so,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not involve substantial question of..........
Constitution of India, 1950, Article 21 -- Fair Trial - Fair trial which is constitutionally protected as substantial right u/Art.21 and also statutory protection, does invite for consideration a sense of conflict with interest of victim(s) or collective/interest of society - When there is an intra-conflict in respect of same fundamental right from true perceptions, it is..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is not to be restored to in normal course - It is for the Court to come to conclusion that evidence is not sufficient for it to adjudicate the issue and decide the same on merits and where trial Court had not allowed such evidence to come on record and for..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Since both the Courts below have granted relief of possession in respect of suit property on basis of admission made in written statement, instant appeal does not raise any substantial question of law - Appeal dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Recovery suit - Leave to defend - Defendant failed to make payment in terms of MOU, as cheques issue by him got dishonoured - Plaintiff filed complaint u/s.138 of NI Act - Unless there is substantial defence and pleas raised by defendant giving rise to triable issues leave to defend cannot be granted...........
