Hindu Marriage Act, 1955, Section 13(1)(ia), 23 -- Cruelty - Petition by husband - Cruelty can be physical or mental - Ill-treatment and resultant apprehension flowing therefrom must be grave as to make co-habitation unendurable - Onus to prove cruelty is on suing spouse - Standard of proof is no better than in civil proceedings, i.e. fact can be proved by preponderance of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, 3, Civil Procedure Code, 1908, Order 23, Rule 1 -- Maintainability of suit - Question not raised before Courts below - Cannot be allowed to be raised for the first time in SLP...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, 3, Civil Procedure Code, 1908, Order 23, Rule 1 -- Maintainability of suit - Question not raised before Courts below - Cannot be allowed to be raised for the first time in SLP...........
Civil Procedure Code, 1908, Order 23, Rule 1(b) -- Withdrawal of suit - Sought immediately after filing of written statement by defendant and before framing of issues as plea of misrepresentation and fraud by inadvertence could not be taken and that detailed particulars of fraud and misrepresentation were sought to be pleaded by filing the new suit - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A, 3B -- Impleadment of party - Joint property - Partition suit - Compromise - Filing of petition for compromise under O.23.R.3 - Only head of branches are required to be impleaded in suit for partition - Junior members of Hindu Undivided Family are not necessary parties - However son of head of one branch objection to the..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Compromise decree - Remedy against - Decree can be assailed either U.O.23.R.3 before the Court which passed the compromise decree or by way of an appeal - Suit to assail such decree is barred...........
Civil Procedure Code, 1908, Order 23, Rule 3(a) -- Withdrawal of suit - Existence of formal defect - Permission to file fresh suit sought - `Formal defect' implies defect in suit which cannot be cured by amendment - Refusal of permission to withdraw suit on ground that alleged formal defect in plaint could be cured by amendment of plaint - Not proper - Trial Court cannot..........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1, 1(4) -- Summary suit - Plaintiff is entitled at any time to abandon or give up a part of the claim unilaterally - This can be done by making a statement to be recorded by the Court without the necessity of making a formal application for withdrawing the summons for judgment,..........
Hindu Marriage Act, 1955, Section 23 -- Reconciliation in execution proceedings cannot be gone into...........
Punjab Police Rules, 1934, Rule 23.4 -- Entry in Surveillance Register - Entry made on the basis of resolution of village Panchayat and on belief of Inspector of police that petitioner had links with bad elements, habitually addicted to crime and disturbing peace of village - No material to justify the action - Mere belief of an officer is not sufficient - Belief must be..........
