Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Part of the decree which essentially ought to have been appealed against, or objected to, by a party and which that party has permitted to achieve a finality cannot be reversed to the advantage of such party...........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Victim in clear words disclosed that accused took her to a hotel under the pretext of having a meeting with an Agent, who was supposed to provide her job abroad - Mere fact that victim went inside the room along with accused, same cannot by any stretch of imagination be considered as her consent for sexual intercourse..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife left husband's house in 2014 and she did not return to live with him till date i.e for more than a decade - She is not even contesting the appeal, which shows that she has no interest in her relation with husband and which indicates that wife has abandoned the relationship..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Once objection is raised about insufficiency of Court fee, it is required on the part of Court to decide the same first and then proceed to decide the other issues...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where no cause of action arose against one of defendants but there is cause of action against other defendants, plaint cannot be rejected in part only for one defendant and it shall proceed as a whole...........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6 -- Stridhan - Non-return of Stridhan - Complaint by father - Locus standi - Father has no right when daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of recovery of her stridhan - Moreover, action was initiated for securing possession of articles and..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife had deserted company of husband of her own free will without any instigation offered by husband - She thus, deserted husband and abandoned her matrimonial home in the year 1995 and she has resided with her parents since then - Wife is gainfully employed for last 27 years -..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
