Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without giving opportunity to other side, received the documents in question and marked the same - For testifying genuinety of said documents, opportunity to other side must be given - Impugned order of allowing application U.O.41.R.27 CPC set aside - Matter remitted..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Grant of maintenance either under Hindu Marriage Act or Hindu Adoption and Maintenance Act or S.125 Criminal Procedure Code or S.20 of Protection of Women from Domestic Violence Act - An order passed in either of the proceedings does not debar re-adjudication of the issue of maintenance in any other Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Consideration applicable for cancellation of bail and consideration for challenging order of grant of bail on the ground of arbitrary exercise of discretion are different - While considering application of cancellation of bail, Court ordinarily looks for some..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail and challenging order of grant of bail - Appellant challenged the very grant of bail on ground of arbitrary exercise of discretion ignoring relevant materials to be considered in application for bail - Since High Court proceeded under footing as if appellant had filed application only for cancellation of..........
Criminal Procedure Code, 1973, Section 372 -- proviso, 378 - Appeal against acquittal - Police case - Informant or complainant in a police case arising out of a FIR is also a victim within meaning of S.372 Cr.P.C, therefore he/she is entitled to file an appeal against an order of acquittal in terms of S.372 Proviso Cr.P.C without leave of Court...........
Civil Procedure Code, 1908, Section 115, Madhya Pradesh Accommodation Control Act, 1961, Section 23E -- Eviction petition - Revisional power of High Court - S.23E of the Act bars filing of appeal against order of RCA but confers High Court with revisional powers to test legality, propriety, correctness of order or regularity of proceedings by exercising same power as..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Waiver of statutory period of six months - Long separation - Merely because parties were residing separately in order to have higher education cannot be said to be separation because of any mutual understanding or dispute - Application rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Question of due diligence arises for consideration only when application is filed after commencement of trial - Though it is not mandatory to allow application if filed prior to trial, it would not be proper to hold that there is lack of diligence even when application is..........
