Hindu Marriage Act, 1955, Section 25(2), Civil Procedure Code, 1908, Section 151 -- Permanent alimony to wife - Modification sought by husband - Amount of maintenance mentioned in impugned order was a condition precedent for grant of divorce by mutual consent - Husband cannot be allowed to resile from commitment on which decree of divorce was predicated - Application for..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Dismissal of application - While dismissing application no opportunity was granted to petitioner to challenge the same since the final judgment was passed on the very same date - Approach adopted by appellate Court has led to serious miscarriage of justice - Denying a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 5(1) -- Restoration of suit dismissed in default - Court has inherent power to restore suit dismissed in default U.O.9.R.5(1) CPC...........
Civil Procedure Code, 1908, Section 151, Order 14, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Framing of additional issue - Dismissal of application - Eviction petition - On ground of personal necessity - Issues have to be framed to determine controversy between parties and relevant issue would be whether landlord is entitled to seek eviction on ground..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Dispossession in violation of order of injunction - Court can order restoration of possession u/s 151 CPC and O.39.R.2-A CPC is not a bar for the exercise of this power...........
Civil Procedure Code, 1908, Section 151 -- Provision of S.151 CPC can be invoked only when there is no specific provision to deal with the issue...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought that defendant has forcibly erected pole and laid wires on it - Amendment sought after five years of coming to know of erecting pole and laying wires on it - Delay in seeking amendment not explained - Amendment not permissible at this belated stage and moreover amendment is..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence - No matter shall be reopened at the stage of arguments, unless and until there are compelling and suitable reasons to do so...........
