Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When decree has been finally signed, objections u/s 152 CPC would be maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, 146 -- (Criminal Procedure Code, 1973, Ss.125, 127) - Interim maintenance to wife - Enhancement of - Husband is earning in foreign currency and is residing in USA - Consequently, he is also required to incur expenses in foreign currency and standard as well as cost of living in USA cannot be equated with that..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Allegation against married sister-in-law - Petitioner No.4 is living at her matrimonial house - No averment was made in application that she was living in share household with husband and wife at any time - Ingredients of S.12 of the Act would not apply against married..........
