Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Substantial cause - Inadvertence of party or his inability to understand the legal issue involved or wrong advice of a pleader or negligence of a pleader or that party did not realize the importance of a document does not constitute a "substantial cause"...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife for divorce - Husband appearing in Court but not contesting the case - Petition averments supported by affidavit evidence of wife is sufficient to grant relief on the ground of cruelty, when there is nothing to presume that wife is taking advantage of her own wrong or condoned the act of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - It is incumbent for the party seeking divorce on the ground of desertion to prove that he/she is not taking advantage of his/her own wrong...........
Will -- Suspicious circumstance - Exclusion of son - Unless and until there is something fundamentally wrong with the child, a parent would not exclude his son from getting the benefit of his property - Merely because testator had not permitted his son not to see his mother, is not a sufficient circumstance to deprive him of benefit of Will - Will held, surrounded with..........
Agreement to sell -- Readiness and willingness - Financial capacity - Plaintiff sought his bank account statement for proving his financial capacity - However, said document is not proved on record as bank account is not certified under Bankers Books Evidence Act - Moreover, in absence of said certificate, it was necessary for plaintiff to summon the record of bank to..........
Agreement to sell -- Specific performance - Time essence of contract - Where vendor herself is guilty of not executing the sale deed on stipulated date, she cannot be allowed to take advantage of her own wrong to deny the relief of specific performance by raising plea that time was essence of contract. (Contract Act, 1872, S.55)..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff in Tehsil office on the stipulated date - Proof - Presence of plaintiff stands admitted in view of suggestions put to him by defendant, which reads : "It is wrong to suggest that I got attested affidavit and challan form from Tehsil office on 10.3.2005 after 4.00 p.m. It is wrong..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
Hindu Marriage Act, 1955, Section 24, Evidence Act, 1872, Section 114 -- Interim Maintenance - Suppression of material facts by husband with regard to his income and wrong statements on affidavit with regard to income of wife - Adverse inference has to be drawn against husband with regard to his income, assets and properties...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Filing of false affidavit - High Court directing prosecution of deponent u/s 195 IPC, initiating proceedings for contempt of Court and S.21 of Company Secretaries Act - Wrong averments in affidavits was unintentional - Deponent filed an affidavit tendering unconditional apology for unwitting conduct of filing..........
