Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - First appellate Court can re-examine both questions of fact and law and may re-appreciate evidence on record - Its powers are as extensive as original Court's, meaning it can reconsider the need for interim protection...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Family Courts Act, 1984, Section 14 -- Family Court - Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under Evidence Act, 1872...........
Family Courts Act, 1984, Section 14 -- Family Court - Matrimonial dispute - Evidence Act is not strictly applicable in matrimonial cases and Court had been given authority to receive any report, statement, documents in evidence to find out the truth...........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Evidence Act, 1872, Section 45, 73 -- Provisions of Ss.45, 73 of Evidence Act can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Court can compare handwriting and signatures u/s 73 of the Act without aid of expert...........
