Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance granted to wife u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 of Hindu Marriage Act - Determination of maintenance u/s 125 Cr.P.C. being a final adjudication on entitlement and quantum of maintenance based on appreciation of evidence assumes primacy over any interim..........
Criminal trial -- Acquittal terminology and relief - Where courts find no evidence against accused, appropriate order is an honourable acquittal and not an acquittal by giving "benefit of doubt" or by stating "in absence of evidence" since such phraseology would affect future career prospects - High Court modified revisional judgment, expunging the words "in absence of..........
Criminal trial -- Acquittal on merits vis-a-vis benefit of doubt - An honourable acquittal is one where Court, upon full-fledged appreciation of evidence, reaches a definitive conclusion that accused had not committed the offence - This stands in contrast to an acquittal arising from lacunae in the prosecution case or non-availability of credible evidence where the benefit..........
Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Test for finding as to omission to frame issues have caused prejudice to parties or not can be laid down on touchstone as to whether parties that go to trial had knowledge that (i) a particular question is in issue and; (ii) had opportunity to lead evidence on that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Petitioner shall prima facie establish by leading evidence that there is material to hold that medical examination of spouse is necessary to determine whether he/she suffers from requisite degree of unsoundness of mind or whether same is incurable...........
Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
