Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Co-owners -- When tenant purchased share from some co-owner improving his status from tenant to that of co-owner, entire title had not come to such tenant, rather he had acquired partial ownership and full tenancy rights...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Objection - Once the Commissioner has submitted its report with regard to status of property along with color photographs there is no reason for trial Court to again refer the matter to Commissioner for mentioning of khasra number in its report - Order allowing objection set aside...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband having illicit relations with her cousin sister - Offence u/s 498-A IPC against cousin sister is made out not in the context of status as other woman, but in her capacity as cousin sister of husband against whom specific allegations, prima facie constituting cruelty has been made...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Home loan - Pre-condition for home loan was life of borrower will have to be insured - Borrower was subjected to a medical test which showed normal health status - Premium was accepted and retained for life insurance - Insurance process was completed and all mandatory requirements were met -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband and wife living separately since 2008 - Wife is maintaining herself for the last 12 years and never claimed any maintenance - She is highly qualified doctor - She has not disclosed the earnings and financial status of her parents who are said to have supported her for last ten years - Husband is..........
