Malicious prosecution -- Suit for damage - Every acquittal is not a consequence of malicious prosecution - Law provides for compensation for malicious prosecution and not for wrongful or uncalled for or failed prosecution - Civil Court has to conduct an independent enquiry - Grounds of acquittal cannot constitute sole reason for grant of a decree in favour of plaintiff...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife left matrimonial home on 28.03.2024 and petition was filed on 01.07.2024 - This clearly shows that there was no basis of decree for divorce on the ground of desertion...........
Hindu Marriage Act, 1955, Section 23 -- Words "whether defended or not" occurring in S.23(1) of the Act indicate that burden must lie on petitioner to establish his case which affirms those facts which constitute cruelty as a ground of divorce and it is only on satisfaction of Court that a decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - An appeal against compromise decree is not maintainable - In such eventuality, only mode available to a party to assail compromise is to invoke O.23.R.3 CPC, whereby lawfulness of compromise may be examined by Presiding Judge upon a recall application and issue whereafter shall be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
