Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Documents in question pertaining to the years subsequent to filing of suit, therefore question of mentioning the said documents in the suit does not arise - Though plaintiff has not specifically stated reasons about relevancy of documents, plaintiff averred that documents are pertaining to suit..........
Civil Procedure Code, 1908, Section 114 -- Review - Change in law or subsequent decision itself cannot be a ground for review...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 23(1)(b) -- Rejection of divorce petition - Condonation of acts - Single condonation of any act or acts by itself would not be sufficient to reject plaint once there is allegation in the plaint that subsequent to condonation of such acts, same were being repeated - Application dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document should be taken at the time of tendering and exhibiting those documents - Since those objections were not raised, objection cannot be entertained or recorded at subsequent stage of suit...........
Divorce Act, 1869, Section 10A -- Divorce by mutual consent - Unilateral withdrawal of consent by wife after receiving part of agreed amount - Held, Family Court was justified in decreeing divorce petition inspite of subsequent withdrawal of consent by wife...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - Circumstantial evidence - Allegation that four months old baby was kidnapped and murdered by accused - Missing of child and contemporaneous conduct of accused feigning pregnancy have relevance in terms of S.8 of Evidence Act and subsequent recovery of child who was later on found to be dead seen with..........
Indian Penal Code, 1860, Section 376(2)(n), 506 -- Rape - On the pretext of marriage - There was no promise to marry initially when relations between parties started in the year 2017 - Even on the dates when prosecutrix alleges that parties had physical relations she was already married - Prosecutrix was mature and intelligent enough to understand the consequences of moral..........
