Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Order granting or refusing a temporary injunction U.O.39.Rr.1, 2 CPC is an appealable order U.O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(r) -- Appeal - Not maintainable against an order in appeal filed U.O.43.R.1(r) CPC - Once an appellate Court has exercised jurisdiction U.O.43.R.1(r) CPC, does not provide a further appeal under the same rule...........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Expeditious disposal of case - Case status goes to show that Commissioner's report is not filed since 10.10.2022 to 11.9.2025 - As on date status of main petition is for filing report of Advocate Commissioner - Since divorce petition is of the year 2018, trial Court shall proceed with the matter on day to day basis..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Will -- Proof of - There are two attesting witnesses of alleged Will, but plaintiff has not examined any of them in order to prove execution of Will - One of attesting witness is alive, but she is not examined or she is not willing to appear in Court, as such, Will has not been proved in accordance with S.68 of Evidence Act - Since, one attesting witness of alleged Will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining wife from solemnizing second marriage - Order granting injunction, upheld...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Accident occurred in the year 2014 - Claimant was a loading unloading worker - He would earn between Rs.600 to 1000 per day as per PW6 - Total monthly wages claimed is only for 15 days work, i.e. Rs.15,000 - Income adopted at Rs.11,000 by Tribunal is thus, perfectly in..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
