Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within time - Condonation of delay - Right to file written statement was closed due to non-filing of written statement within time period - Application for opening of right to file written statement was filed after more than 4 years along with application for..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Formal defect is sine qua non in order to invoke provision contained U.O.23.R.1 CPC - Term formal defect generally refers to a defect in form or procedure that does not impact the merits of the case...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Wife had not been able to render satisfaction that she had been prevented by any sufficient cause from appearing - She did not seek before Family Court right to be represented by legal practitioner - Wife appointed one and entered..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Second application filed by wife u/s 125 Cr.P.C though earlier application was dismissed without providing liberty to file fresh, is maintainable...........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Court of its own cannot extend time to file written statement in the absence of an application either for extension of time or for condonation of delay...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of writ petition filed in High Court without permission to file a fresh writ petition may not amount to res judicata - However, remedy u/art 226 of Constitution should be deemed to have been abandoned by petitioner in respect of cause of action relied on writ petition when he withdraws without such..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Jurisdiction of Court - Parents of wife are permanent resident of Bareilly and wife has frequent visit thereat - Only for the purpose of job wife stayed at Delhi - Marriage of parties was also solemnized at Bareilly - Permanent address of wife at Bareilly would fall within the contour of `reside' -..........
