Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Petition filed within one year of marriage - Marriage has never been consummated - Parties have lived separately since inception, reside in different countries and there is no material to indicate any possibility of resumption of matrimonial life - Insisting upon adherence to statutory period of one..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor child - Gross salary of husband is Rs.48,350 - Wife could have capacity to earn from tailoring, which may not be sufficient to support livelihood of wife and afford her to maintain the same standard of living which she will get if she was residing with husband - She is entitled to maintenance from..........
Policy decision -- Policy decision though executive in nature binds the Government and Government cannot act contrary thereto, unless the policy is lawfully amended or withdrawn - Any action taken in derogation of such a policy, without amendment or valid justification is arbitrary and violative of Art.14 of Constitution...........
Will -- Proof of - Will was duly registered in accordance with statutory requirements - Contention of appellant/objector that Will is forged and fabricated is wholly unsubstantiated, as no evidence has been adduced by appellant to support the claim of forgery or to show a contrary intention of testator or that testator was not in sound mind or that signing was involuntary..........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Any one of several joint decree-holders may apply for execution of whole decree for benefit of all decree holders including survivors and legal representatives of a deceased decree holder, unless decree itself contains any provisions to the contrary...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Testimony of wife remains unshaken despite lengthy cross-examination of wife - On the contrary husband when confronted with relevant record shows that he has not been truthful and his testimony is not reliable - Evidence led by wife regarding her having suffered cruelty at the hands of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Evidence Act, 1872, Section 108 -- Civil death - Presumption - Person missing for seven years - Respondent No.2 has not asserted any specific date or time of death of his father nor has he adduced any evidence in this regard - Date or time of death of father of respondent No.2 remains uncertain - However, as per S.108 of the Act, he will be presumed to be dead on the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Once a document is exhibited aggrieved party has to file an application seeking de-exhibit of such document - However, instead of doing so plaintiff raised objection with regard to admissibility of document and trial Court considered the same holding that it is inadmissible - Approach of trial Court..........
