Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Hindu Marriage Act, 1955, Section 28(4), Special Marriage Act, 1954, Section 39(4), Family Courts Act, 1984, Section 19(3) -- Period of limitation - When there is a special enactment prescribing period of limitation like S.28(4) of H.M Act and S.39(4) of Special Marriage Act enacted later in point of time, period of limitation in those enactments would prevail over period..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 17, 19 -- Restoration of appeal dismissed in default - Appellant was not present on the date when case was called, therefore appellate Court dismissed the appeal - However, in a case on a particular fixed date of hearing, if appellant or his counsel do not appear then also Court committed error in dismissing the case..........
Arbitration and Conciliation Act, 1996, Section 34, Micro Small and Medium Enterprises Development Act, 2006, Section 19 -- Arbitration award - Setting aside - Parties governed by provisions of MSME Act - Requirement of pre-deposit of 75% of amount in terms of award at the time/before entertaining application for setting aside award is mandatory - However, considering..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 18, 19, 20, 21, 22 -- Relief u/ss 17 to 22 of the Act - Limitation - There is no limitation prescribed under the Act to institute claim seeking relief u/ss 17 to 22 of the Act - Moreover, providing maintenance is a continuous cause of action and even if wife did not claim maintenance for herself or her..........
Civil Procedure Code, 1908, Order 19, Rule 1, 2 -- Affidavit - Cross-examination of deponent - Two contradictory stands in two affidavits - Order allowing cross examination of deponent, upheld...........
Hindu Marriage Act, 1955, Section 19, 13 -- Jurisdiction of Court - Divorce petition filed wife at the place where she was residing at the time of filing of petition - No rebuttal evidence came on record to contend that wife was not giving correct facts - Held, petition is maintainable before concerned Family Court...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Constitution of India, 1950, Article 19, 368(2) -- Entry 44 List I - Constitution (Ninety Seventh Amendment) Act, 2011, Part IXB - Procedural infirmity - Amendment added `cooperative societies' to protected forms of association u/art. 19(1)(c) of Constitution elevating it to a fundamental right and also inserting Part IXB of Constitution Amendment Act laying down terms to..........
