Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - At the stage of proceeding u/s 482 Cr.P.C. Court has to consider uncontroverted allegations only and cannot embark upon an enquiry or cannot dwell upon the defense taken by accused persons...........
Service -- Transfer order - Judicial review - Transfer order has been issued in public interest after due application of mind and without any malafide intentions - Plea of malafide against transferring authority has not been agitated even before Supreme Court or High Court - Even, transfer order is also not alleged to be violative of any prescribed statutory provision -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Marriage between parties cannot be dissolved by Court in the proceedings u/s 125 Cr.P.C, as jurisdiction of Court is limited to determination of aspect of maintenance - Even with the consent of parties, jurisdiction of Court u/s 125 Cr.P.C cannot be expanded so as to concede power with such Court to pass a..........
Hindu Marriage Act, 1955, Section 13 -- Dissolution of marriage - Marriage between parties cannot be dissolved merely on the basis of a compromise allegedly entered into between parties - Since the marriage between parties are governed by provisions of Hindu Marriage Act, only the manner in which such marriage can be dissolved is by passing of an appropriate decree by..........
Family pension -- Plea of nullity of first marriage - No allegation of incompetence of either of the persons to contract marriage - Unless a declaration in that regard is granted by competent Court, no interference warranted with right of first wife to claim family pension etc...........
Practice and Procedure -- Discretion - Higher Court should not readily interfere with discretion exercised by Court below unless discretion has been shown to have been exercised arbitrarily, capriciously or perversely or where Court has ignored the settled principles of law governing exercise of discretion...........
