Hindu Marriage Act, 1955, Section 13, 9 -- Dismissal of divorce petition and decretal of counter claim of restitution of conjugal rights - Single appeal against two distinct reliefs not maintainable even though common judgment is passed considering the fact that issues involved are common and it was between same parties...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Application filed to receive original Will and mark the same as exhibit - Though there is a recital about Will in written statement with regard to said Will, there is no hindrance to receive the same - But, in view of fact that application for amendment of counter affidavit filed by defendant was..........
Arbitration and Conciliation Act, 1996, Section 23 -- Arbitration proceedings - Statements of claim and defence - When Arbitral Tribunal is constituted claimant is required to file statement and respondent to file his defence statement with counter claim, if any, before arbitrator - Claimant is not bound to restrict his statement of claim to claims raised by him in notice..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim though can be based on different cause of action than that are put forth in suit, it should be one incidental or connected with that cause of action...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim has necessarily to be directed against plaintiff and cannot be directed against co-defendant...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Prima facie allegations of harassment and demand of dowry are made out - However, despite that High Court quashed FIR against respondents primarily on the ground that earlier two complaints that were filed by appellant did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding adultery on the part of husband sought by wife in divorce petition - Husband filed divorce petition on the ground of cruelty and adultery against wife - Wife neither instituted a petition for divorce nor filed any Counter Claim to that effect - Allegation of adulterous..........
