Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While adjudicating a transfer petition initiated by wife in the context of a matrimonial dispute, Court must take into account a comprehensive array of following factors:- (a) Economic condition and earning capacity of parties, i.e. husband and wife; (b) Social standing of wife and her dependency on..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First Appellate Court to decide the appeal in accordance with mandatory procedure contained in O.41.R.31 CPC - Non compliance of it renders the judgment bad in law...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Time barred suit - Reasons for delay in filing suit averred in plaint - Whether such reasons for delay in filing suit are correct/plausible or valid can only be decided after parties lead evidence - The same cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit filed through power of attorney - Suit whether maintainable in terms of law and whether power of attorney holder has a locus standi to prefer the suit - Cannot be decided in an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Interlocutory order passed in proceedings for grant of probate or Letters of Administration - Does not conclusively determines the rights of parties - Not a decree - Appeal thereagainst does not lie...........
Civil Procedure Code, 1908, Section 96, Succession Act, 1925, Section 299 -- Probate proceedings - Rejection of application for deletion of issues - Not a decree - Appeal against such an order does not lie...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nullity of marriage even if it is declared by a competent civil Court is not a bar for wife to claim maintenance...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Section 96(2), 114, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has three remedies available to him as against ex-parte decree: (i) by way of filing an application U.O.9.R.13 CPC seeking for setting aside ex-parte decree; (ii) by way of filing an appeal against the ex-parte decree u/s 96(2) CPC and; (iii) by way of review..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Ex parte decree - Setting aside - Filing of an application U.O.9.R.13 CPC as well as filing of appeal u/s 96(2) CPC against the ex-parte decree are concurrent remedies available to a defendant - However, once appeal preferred by defendant against ex-parte decree is dismissed, except when it is withdrawn, remedy..........
