Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Service of summons by affixation - Requirement of O.5.R.17 CPC stands satisfied - However, it was held that there is no proper service for non compliance of O.5.R.19 CPC - In case report of serving officer is verified then it is not mandatory for Court to examine serving officer to hold any other further enquiry - Absence..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife and child to receive maintenance cannot be defeated on account of EMIs that husband is paying towards any property...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMI of home loan is not a mandatory deduction or liability...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMIs being paid by husband towards his ancestral house - Such voluntary financial obligations especially when incurred for ancestral property that does not exclusively belong to petitioner cannot be considered as mandatory deductions while determining..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Delay in payment of arrears of maintenance - Hardship faced by dependent spouse or child is not measured merely by quantum of arrears but by immediate consequences of financial deprivation that even short delays in maintenance can cause...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Minor girl child is residing with wife - Husband claimed that he is paying Rs.5500 as school fees of child, which was not considered by Family Court - Even, wife has not claimed in his affidavit that she is paying school fees of child - Said amount ought to have been taken into account while..........
