Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plea essentially a issue in rebuttal to issue No.1 - Petitioner while leading his evidence, would be free to lead evidence qua additional pleas and exhibit documents pertaining to the plea already taken - No necessity to frame additional issue...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Where husband and wife indulge in mutual bickering leading to remonstration and therefrom to stage where they target each other mentally, insistence by one to retain matrimonial bond would be a relevant factor to decide on issue of cruelty, for the obvious reason that intention of said..........
Civil Procedure Code, 1908, Section 100 -- Suit decreed and counter claim dismissed - Two appeal filed thereagainst - Appellate Court consolidated the appeals and disposed them of by a common judgment - Single second appeal by paying separate Court fee filed - Held, appeal is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement schedule in seeking for..........
Criminal Procedure Code, 1973, Section 203, 482 -- Dismissal of complaint u/s 203 Cr.P.C on merits - Second complaint on the same facts by same complainant not maintainable, particularly when order in first complaint was never challenged and attained finality...........
Advocates Act, 1961, Section 48AA -- Review - Order of Bar Council of India (BCI) - Reason which swayed BCI to review its own order was that before State Disciplinary Committee respondent/advocate was not given adequate opportunity to cross-examine complainant - However, cross-examination of complainant was closed after giving adequate opportunities to respondent - Issue..........
Motor Vehicles Act, 1988, Section 51(7), 51(9) -- Application for renewal of contract of carriage permit was rejected - Merely because financier has refused to issue certificate applied for u/s 51(7) of the Act, registering authority cannot reject application made for renewal of contract of carriage permit in mechanical exercise of power...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Limitation Act, 1963, Section 3 -- Limitation - Question of limitation is a mixed question of law and facts - Even if issue of limitation is not dealt with by Civil Court, Appellate Court is not debarred from dealing with such a plea - Suit filed beyond period of limitation is liable to be dismissed on this score alone...........
