Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, Order 33, Rule 3 -- Interim maintenance - Permission to sue as an indigent person pending - Interim maintenance can be granted during pendency of application seeking permission to sue as an indigent person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Will - Forgery - Civil suit regarding genuineness or otherwise of Will pending - Custodial interrogation will not serve any purpose - Anticipatory bail allowed...........
Civil Procedure Code, 1908, Section 34 -- Interest - Commercial transaction - Court is empowered to award contractual rate of interest for the period during which suit was pending till the payment of the deceetal amount - While awarding interest more than 6% Court must have regard to the object sought to be served by the loan transaction and the condition of the business..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Additional evidence - Application filed at appellate stage to receive in evidence copy of revocation deed dated 2.9.1996 - This document was not filed although the matter was pending before the District Forum till 13.2.1998 - The reasons assigned for not filing document early found not convincing - The application to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiting period of six months - Can be brought down in cases where divorce petition is already pending for more than six months and effort for reconciliation had been made earlier but without any success...........
Civil Procedure Code, 1908, Order 18, Rule 17-A, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence - Sought at stage when case was pending for rebuttal and arguments - Additional evidence for appointment of local commissioner to inspect the spot and report regarding the field through which the underground pipes are passing - Cannot be believed that laying..........
Criminal Procedure Code, 1973, Section 311, 399, 482 -- Recall of three prosecution witness for further cross examination - Application filed after 25 witnesses had been examined and trial was at concluding stage - Application rightly held to be delaying tactics in trial pending for last 20 years - Revision against that order rightly rejected by Sessions Judge - No grave..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Temporary injunction - Action for passing of and infringement of trade mark - Both appellant and respondent carrying on similar business of plywood and wood products - Both using 'UNIPLY' and 'UNIBOARD' as trade marks - Both filing separate suits and seeking temporary injunction - Both applying for..........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit sought from Court at Jaipur to Court at Madras to be tried together with suit pending there - Dispute raised in both the suit relate to same transaction and the parties are also the same - It is appropriate that both suits are tried together - Transfer application allowed...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - In terms of agreement by respondent with appellant complainant car delivered against full price - The same got not transferred for seven years as the same was accidented vehicle and got released on supardari - District Forum dismissed the complaint after five years holding that it did not fall within the ambit..........
