Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for permanent injunction - Discontinuation of irrigation facilities - Order granting irrigation facilities to plaintiffs has been cancelled - Merely because despite passing of cancelling order, plaintiffs continued to get irrigation facilities till the year 2012 and notice was issued to them proposing to discontinue..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law not denied the fact that respondents are owners of demised premises - Status of daughter-in-law to occupy suit property admitted to be that of licensee, as no submission has even been raised before this Court - No evidence led by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 9 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, petitioners have denied averment in original application as to applicant no.3 being unemployed in their reply - Even if the applicant no.3 has been employed with bank, regular or contractual..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Evidence Act, 1872, Section 3 -- Interested/related witness - Testimony of a related or an interested witness can be taken into consideration with additional burden on Court in such cases to carefully scrutinize such evidence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Muslim wife - Validity of marriage - Wife averred that marriage is not registered under a Kazi appointed under Kazis Act - Evidence of Kazi is irrelevant in the case, because it is an admitted fact that said marriage was not registered - Trial Court failed to assess evidence adduced by wife's side in its..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion u/s 45 of the Act is an expert opinion only and a corroborative piece of evidence and nothing more...........
Evidence Act, 1872, Section 45 -- Expert opinion - Court is not under an obligation to resort to expert opinion when signatures on a document are alleged to be of another party and other party denies the same...........
