Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband not filed an objection to divorce petition and has not cross-examined wife - Testimony of wife remained unchallenged - Wife thus, established her plea of cruelty and she is entitled to a decree of dissolution of marriage - Divorce granted to wife...........
Agreement to sell -- Specific performance - Non framing of specific issue of readiness and willingness - Non denial in written statement of specific averment in plaint as to readiness and willingness - Plaintiff was subjected to elaborate cross examination by defendant on the aspect of readiness and willingness - Objection raised to this effect for the first time in..........
Evidence Act, 1872, Section 3, 61 -- Admissibility of document - Objection as to - Document tendered in evidence and received on file subject to objection raised by petitioner - Its genuineness and veracity will be dealt with at the trial stage - Objection rightly rejected by Sessions Judge...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objection to the report of Local Commissioner filed by plaintiff - Opposite party cannot be permitted to examine Local Commissioner without disposing of the objections to the report of Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Objections - Once specific objection is raised that Local Commissioner has not demarcated the land as per law, Court at the first instance, ought to examine the legality and correctness of the report submitted by the Local Commissioner...........
Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Limitation Act, 1963, Section 3 -- Limitation - It is bounden duty of Court to examine as to whether suit is within limitation or not even if no such objection is raised by defendant...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In an earlier suit between the parties, `N' Local Commissioner was appointed - Opposite counsel having no objection in appointment of `N' - `N' appointed as the Local Commissioner...........
