Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - After passing of decree of divorce by mutual consent - Wife narrated the financial status of husband in her affidavit before Court and she prayed to keep open issue of permanent alimony for its consideration later on - Trial Court could have granted opportunity of hearing to both the parties on the issue of..........
Evidence Act, 1872, Section 33 -- Statement of witness - Evidence given by witness in a previous judicial proceeding or in a later stage of same judicial proceeding when witness is dead, is relevant for purpose of proving the matter, provided witness examined by prosecution was subjected to cross-examination...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant did not contact his advocate for about 3 years from the date when ex parte proceedings were drawn against him, which shows gross negligence towards his own rights - Although, defendant stated that he was out of town for purposes of his livelihood, but neither place nor period during..........
Civil Procedure Code, 1908, Section 96 -- Appeal - By a person not party to the suit - A stranger cannot be permitted to file an appeal in any proceedings unless he satisfies Court that he falls within category of aggrieved person - It is only where a judgment and decree prejudicially affect a person who is not party to the proceedings, can prefer an appeal with leave of..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Deemed to be a decree of civil Court...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat has all the trappings of a compromise decree passed by civil Court U.O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - When time scheduled agreed to in between parties by passage of compromise decree becomes time allowed by Court - Civil Court gets jurisdiction even to extend time for payment fixed in award of Lok Adalat based on such compromise decree...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
