Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Mere fact that representation as provided U.O.15.R.2 CPC not made, it cannot be said that Court has to strike off defence in every case of default - Even in absence of representation it is for Court to decide as to whether on basis of material available on record and in facts and circumstances of case,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506, 427, 201, 120B, 34 -- Anticipatory bail - Attempt to murder - Dispute between two groups of lawyers relating to strike which was already going on - Accused belonging to one group which was against strike - Consequently, conspiracy was hatched by accused and he called..........
Strike to boycott of Courts on all Saturdays -- To go on strike/boycott Courts cannot be justified under guise of right to freedom of speech and expression u/art 19(1)(a) of Constitution...........
Strike to boycott of Courts on all Saturdays -- Advocates every month on 3-4 Saturdays are on strike and abstain from working on one pretext or other - Boycotting Courts on every Saturday in entire District is not justifiable at all and as such it tantamount to contempt of Courts - Direction issued to all District Concerned and District Bar Associations to comply with..........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 11, Rule 21 -- Willful and deliberate default to comply with direction issued U.O.16.R.6 CPC - Held, trial Court is not empowered to invoke jurisdiction to strike out defence U.O.11.R.21 CPC - Court has no other alternative than to adjudicate on issues, as if documents were no, existent...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Right of residence of daughter-in-law - Whether obligation of providing shelter or roof is upon i, laws or upon husband of daughter-in-law i.e son, following guidelines issued in order to strike a balance between two acts :..........
Insolvency and Bankruptcy Code (Amendment) Act, 2019, Section 4, Insolvency and Bankruptcy Code, 2016, Section 12, Constitution of India, 1950, Article 14, 19(1)(g) -- Amendment - Extension of CIRP by 60 days - Held, time taken in legal proceedings is certainly an important factor which causes delay, and which has made previous statutory experiments fail - Word..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking off an issue - Defendant relying upon two different Wills executed by same testator - Two issues framed as to validity of these two wills - Trial Court to adjudicate upon the same once the parties lead evidence on the issues so framed - Order rejecting application to strike off one issues, upheld...........
