Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - If party to suit wants to appear as a witness after examination of witnesses on his behalf, permission of Court is required - But that does not prohibit or preclude examination of witnesses before examination of party to a suit...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Examination of Power of Attorney Holder for the principal - Power of Attorney Holder is father of plaintiffs and claims to have knowledge of facts of the case - Nothing prevents him from giving evidence of facts within his knowledge - Power of attorney holder permitted to depose for plaintiff No.1...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Appointment of Local Commissioner sought to visit the spot and report actual position of street - Onus lies on plaintiff to establish her case through evidence - Plaintiff cannot be allowed to create evidence through appointment of Local Commissioner - Application rightly..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Provision of S.24 CPC cannot be so loosely construed so as to come to aid of wife on frivolous and flimsy reasons for getting matter transferred...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Re-marriage of spouse is not a relevant factor to be taken into account in deciding merits of application filed for setting aside ex parte decree of divorce...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Re-marriage of husband who obtained ex parte decree of divorce will not render application to set aside ex parte decree filed by wife infructuous - Since wife filed application U.O.9.R.13 CPC immediately after husband obtaining ex parte divorce, Court below rightly set..........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Petition by wife - Wife has to traverse distance of 55 kms from Mansa to Sangrur to attend hearings - Husband appears to be desperado and it would be a grave threat to wife if she attends hearing at Sangrur especially when she has a small minor child to look after - It is evident that it is a case of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand - Appellate Court is under obligation to decide itself the lis between parties, unless it comes to definite finding that matter requires leading of evidence once again by Court below - Appellate Court no doubt has power to remand matter but it has to follow certain conditions - Since, record is sufficient to..........
