Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by Mutual consent - Waiver of 6 months statutory period - Personal inconvenience of parties - Not a ground for Court to waive period of 6 months as provided u/s 13-B(2) of the Act - Application rightly rejected...........
Civil Procedure Code, 1908, Section 152, 151, 153 -- Correction of typographical mistake in plaint, judgment and decree - Error crept in plaint regarding wrong khasra numbers and resultantly suit of plaintiffs decreed - Court has power to correct arithmetic and clerical mistake in judgment and decree u/ss 151, 152, 153 CPC - Trial Court directed to carry out necessary..........
Civil Procedure Code, 1908, Section 75(e), 151, Order 26, Rule 10A -- DNA profiling - Plaintiff's biological relationship - In the instant case presumption u/s 112 of Evidence Act not attracted - If appointment of Court Commissioner for scientific investigation of DNA profiling of blood samples of plaintiff and defendant No.3 is ordered to prove plaintiffs biological..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14, Civil Procedure Code, 1908, Order zzz39, Rule 1, 2 -- Application U.O.11.Rr.12, 14 r/w S.151 CPC - Can be moved in proceedings relating to temporary injunction as proceedings for temporary injunction are part of the main proceedings...........
Civil Procedure Code, 1908, Section 151 -- Late production of documents - Simple prayer to place on record certain documents - No corresponding prayer to prove those documents - No purpose would be served by simply placing documents on record as until and unless those documents are duly exhibited in accordance with law, the same could not be relied upon - Application..........
Civil Procedure Code, 1908, Section 151, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Additional evidence - Dismissal of application - Eviction petition - Landlord seek to lead additional evidence in respect to property purchased subsequent to closure of their evidence - Landlord want to lead additional evidence in respect of necessity of son and..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - Discretion to be exercised by Court u/s 151 CPC does not extend to grant any and every relief - Inherent power can only be exercised for rendering justice and to do all things necessary to secure the ends of justice...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Application for amendment filed at belated stage when case fixed for evidence of petitioner - Furthermore, application filed U.O.6.R.17 CPC does not disclose as to why these..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Power can only be invoked to supplement provisions of CPC and not to override or evade other express provisions...........
