Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only for claiming an additional relief on the basis of already existing averments - No new facts are sought to be introduced - Contention of defendant that relief sought by way of amendment is barred by limitation which can be decided at appropriate stage - Amendment application rightly..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Misbehaving with wife by husband in front of family members amounts to cruelty with wife...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband and wife both are living separately for more than 16 years - There is no chance of their reunion and asking husband and wife to live together at this stage after a delay of 16 years would amount to cruelty to both of them - Marriage between parties dissolved by granting decree of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Closure of evidence of complainant - Ample opportunities were given to complainant, however, he failed to avail the same and did not presented himself for examination - For his causal, unscrupulous and obnoxious behavior, he should be admonished and penalized..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 149 -- Murder - Accused cannot claim acquittal on the ground of faulty investigation done by the prosecuting agency - As the version of eye witnesses in specifically naming the appellants have been consistent throughout the trial - The principle of `falsus in uno, falsus in omnibus' does not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of consent by wife just before four days of passing of decree - Decree of divorce set aside...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - When a final decree has been drawn up, signed and engrossed in stamp paper of requisite value, it cannot be said that the suit must be treated to be pending for the purposes of passing further orders including readjustment of shares on account of a change in law...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - Question of delivery of properties is a matter to be considered at the stage of execution and is not a matter falling for contemplation in the final decree stage...........
