Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Interim bail - Court is to decide the bail application on its own merits rather than to keep the matter pending by extending interim bail and insisting on upfront deposit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering an application for condonation of delay, Court is required to take into account nature of lis and conduct of parties...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Mere capacity to earn does not disentitle a wife from maintenance - Court is entitled to take into account earning potential, qualifications and past employment while determining the quantum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Matrimonial relationship between parties subsisted for an extremely short duration of about 57 days - Family Court has properly assessed quantum of maintenance taking into account short duration of marriage, financial capacity and conduct of husband, qualifications and potential of wife and object of S.125..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Interim maintenance - Income of husband - Court can draw adverse inference against a husband, who despite being given ample opportunities fails to file an affidavit disclosing his income and assets...........
