Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient earning capacity and financial means to pay more than Rs.15,000 pm towards permanent alimony as per material on record - Considering cost of living, impact of inflation over past decade and overall circumstances of parties, amount awarded by Family Court, as affirmed by High Court is..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Object of S.24 of the Act is to ensure that a party, who lacks sufficient means, is not rendered incapable of effectively participating in matrimonial proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - JD failed to raise a material irregularity in the context of O.21.R.66(2)(a) CPC at the appropriate stage, i.e., with regard to sale of a part of property being sufficient to satisfy decree - It is not open to JD to now raise such a belated plea and blithely place burden on the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband able to show that attitude of wife exposed him to cruelty/harassment, which is sufficient to seek relief of dissolution of marriage - Divorce petition rightly allowed...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Issuance of notice to an authorized representative of bank was not enough to satisfy mandate of S.7(5)(b) Proviso IBC - IBC being substantive legislation relating to application filed by bank u/s 7 IBC thereof, notice to cure defects therein necessarily had to be given under said provision..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question appears to be relevant for adjudication of lis - Explanation furnished by petitioner for delay that applicant was suffering from cancer and due to said ailment could not provide documents to his lawyer at appropriate stage constitutes sufficient cause u/s 5 of Limitation Act -..........
Evidence Act, 1872, Section 102 -- Will - Burden to prove legality and validity of Will was casted upon defendants being the beneficiaries as per issue framed by trial Court - However, no prejudice was caused to defendants on account of an isolated observation made by Trial Court in its judgment and decree that onus to prove legality and validity of Will was upon..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Bharatiya Nyaya Sanhita, 2023, Section 115(2), 351(2), 351(3), 352, 310(2) -- Quashing of FIR - Compromise - Offence u/ss 115(2), 351(2), 351(3), 352, 310(2) of BNS - All the offences is inseparable and arises from a single transaction - Once High Court exercised its inherent jurisdiction to quash FIR with respect to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of quashing, Court is not required to conduct a mini trial - Court has to only consider whether any sufficient material is available to proceed against accused or not - If sufficient material is available, power u/s 482 Cr.P.C. should not be exercised...........
