Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata applies also as between two stages in same litigation to the extent that a Court whether trial Court or a higher Court having at an earlier stage decided a matter in one way will not allow parties to re-agitate the matter again at a subsequent stage of same proceedings - However, what is..........
Evidence Act, 1872, Section 126 -- Professional communications - Directing Advocate to file affidavit disclosing source of document filed in Court - Act of handing over and the information regarding origin of that document is part of professional confidentiality - Primary responsibility for the documents filed in Court lies with the party - Compelling advocate to file..........
Evidence Act, 1872, Section 126 -- Professional communications - Court can ask for truth, it cannot compel a lawyer to disclose what law expressly protects, in the absence of a clear finding that lawyer is conspiring in a fraud committed during employment...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Witness who has already been examined and cross-examined cannot be recalled and reexamined to deny evidence he has already given before trial Court and no opportunity at a later stage can be given to him to completely efface evidence already given by him under oath...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, Court is required to confine itself to averments contained in plaint or petition and to examine whether on the date of its presentation, it disclosed a cause of action and was maintainable in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction petition originally filed by competent person in his own right and on behalf of his minor daughter - Subsequent death of said person did not render eviction petition void or non est - Application U.O.7.R.11 CPC could not succeed merely on the ground that for a limited period minor petitioner was..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor child - Responsibility of maintenance does not stand divided merely because each parent has custody of one child - While determining quantum of maintenance, Court would necessarily take into account the fact that one of children is residing with husband and that he is bearing expenses of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife - Determination of income of husband - Person engaged in un-organised or semi-formal sectors, such as property dealing, often do not have neatly documented income streams - In such situations, Court cannot be expected to insist on mathematical precision - A reasonable and pragmatic assessment, drawn..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Amendment was only to bring execution petition in line with final decree passed by Court - More so, executing Court has rendered certain findings and has held that unless execution petition is amended, decree cannot be executed - Application..........
