Criminal Procedure Code, 1973, Section 125 -- Maintenance - Income - Income tax return of an individual cannot be considered as conclusive proof of his income as primarily return is based on information provided by tax payer himself...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Income - Court often look beyond I.T. returns while determining income of a person, especially in proceedings such as maintenance cases...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Court while determining quantum of maintenance has to consider factors like : (a) Residential comfort; (b) Health care standards; (c) Social and economic status of both parties; (d) Qualification and employment; (e) Sources of income and assets; (f) Marital standard of living bench mark; (g)Inflation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Should mirror the life style of wife during period of their married life...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - By way of amendment Memorandum of Partition (Panchnama) is being sought to be challenged - Said Panchnama has become time barred considering knowledge of plaintiff - Written statement has been filed in the year 2009 and thereafter, for more than 12 years petitioner did not take any steps..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two successive applications for amendment were filed - Application filed earlier was dismissed as not pressed and exactly similar application has been filed without mentioning about earlier application or reasons for withdrawal of earlier application and filing of subsequent application - Therefore,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has not withdrawn any admission by proposed amendment nor has prayed for any new relief - Explanation sought to be added by proposed amendment is necessary for deciding real controversy between parties - Plaintiff has satisfactorily explained the delay in filing amendment application - No..........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
