Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Wherever such facility is available, it ought to be fully utilized and all the High Courts ought to issue appropriate administrative instructions to regulate the use of video conferencing for certain category of cases - Matrimonial cases where one of the parties resides..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4 -- Recording of evidence through video conferencing - Wherever one or both the parties make a request for use of video conferencing, proceedings may be conducted on video conferencing, obviating the needs of the party to appear in person...........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court can interfere if it is satisfied that findings of Court below are based on misreading of evidence or so perverse that no person of ordinary prudence could take the said view and intervention u/s 100 CPC is permissible provided that case involves a substantial question of law, which is different from question..........
West Bengal Premises Tenancy Act, 1997, Section 7(1)(a), 21, Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Non-acceptance of written statement - Opposite party prayed for eviction claiming petitioner as his licencee and said licence was already revoked before filing of suit then onus to prove said status would be lying upon opposite party - Similarly,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Trust filed eviction petition through Managing Director through power of attorney holder - Amendment sought whereby power of attorney holder claiming that he was the landlord independently - Amendment sought after seven years of filing of petition and when petition was pending for tenants..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus, impugned judgment and decree is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Sought on the basis of arguments raised - Cannot be allowed because during course of arguments there can always be many hypothesis built on the proven facts of a case and if amendments are allowed only on the basis of arguments raised, then proceedings can never be brought to its logical conclusion and..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Trial Court recording finding that there is no evidence to support counter claim - Held, trial Court is not justified in allowing counter claim when defendant failed to establish his claim...........
