Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Husband has not come forward to contest the appeal/divorce petition, nor he has led any evidence before family Court save for his affidavit which was also his testimony verbatim - Therefore, for all intents and purposes, husband has distanced/divorced himself from wife's life as discernible from his..........
Constitution of India, 1950, Article 133 -- Acquisition of land - Direction to prepare proposal for acquisition of land in question - Land in question was acquired by private negotiations and possession was taken over by private negotiations - Amount of compensation was paid as far back as in the year 1981/1983 - As the documents which are now produced on record by way of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Un-registered prior partition deed is not required for effective adjudication of controversy between parties, as same cannot be admitted in evidence - Even, averments made in affidavit filed in support of application does not satisfy ingredients enumerated under..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - If petition is filed alongwith affidavit, disclosing residential address of petitioner in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of suit dismissed in default - Counsel for plaintiff on account of death in neighborhood could not appear before Court on the date so fixed - Affidavit in this regard was also submitted by him before Court below - Sufficient cause of absence has been shown by plaintiff - Suit restored to its original..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of witnesses - O.18.R.4 CPC does not provide that affidavits of all the witnesses should be filed on one and same date...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Closure of right of plaintiff to file affidavits of other witnesses - Case fixed first time for cross-examination of plaintiff witness - There was thus, no occasion to close right to file affidavit of other witnesses of plaintiffs in advance - Order of closure of right of plaintiff to file affidavits of other witnesses set..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Affidavit - Ad verbatim of plaint - An affidavit should be in concise form stating material part of the contentions while ignoring formal part of the pleadings - Affidavit ordered to be taken off the record to be kept in part `D' - Respondent directed to file fresh affidavit...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
