Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Cause of action for filing divorce petition alone can be taken into consideration and what stand was taken in counter claim by wife will not create a new cause of action for husband to take advantage of same and make an attempt to establish ground of cruelty...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Once plaintiffs asserted that they derived valid title to suit property through their forefathers, burden lay squarely upon them to substantiate such claim by producing cogent title deeds in support thereof...........
Revenue entries -- Mere recording of land in suit as private land in General Land Register (GLR) does not in any manner benefit the party's claim of ownership...........
Hindu Succession Act, 1956, Section 14 -- Property of female Hindu dying intestate - Once a life estate is given to a Hindu widow under a Will that limited right enlarges into a full ownership and if so, it cannot be taken away by limiting her claim for enjoyment of absolute right...........
Indian Contract Act, 1872, Section 29 -- Suit for partition - During pendency of suit plaintiff executed undertaking qua plaint schedule item No.6, in favour of defendant whereby plaintiff agreed to be satisfied with whatever amount defendant may give him at the time of sale of such item of property - Terms are vague and uncertain - Period within which property is to be..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance is always dependent on factual situation of case and Court would be justified in moulding claim for maintenance passed on various factors...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once a charge-sheet is filed within statutory period, accused cannot claim default bail merely because cognizance has not yet been taken or because certain documents are filed later...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of specific issue - Where parties go to trial with knowledge that a particular question is in issue though no specific issue has been framed thereon and adduce evidence relating thereto, they cannot claim prejudice for issue being not specifically framed...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
