Hindu Marriage Act, 1955, Section 13(1)(a) -- Cruelty - Acts and omissions of a spouse must be such that, the other spouse is unable to bear the amount of pain in the marital life - It is only when the spouse, complaining of cruelty, is otherwise innocent, and the objectionable behaviour and conduct emanated from the other spouse - If spouse complaining of cruelty is,..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Order 16, Rule 19 -- Recording of evidence - Appointment of commission - Application filed by defendants to record their statements by appointing commission - Rights of defendants to lead further evidence closed in terms of order of Court - Held, provisions not applicable to party to litigation who..........
Natural justice -- Opportunity of being heard - Held, all cards must be placed before Court and concerned parties should be given opportunities of being heard - It is not an unbridled axiom to hold that in name of natural justice continuous opportunity should be given to a party remaining not vigilant - In name of natural justice, stretching of opportunity to an..........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Execution - Death of D.H. - Execution proceedings could be continued by the L.R's of D.H. - Every Court has inherent power to permit the L.R's of a party to continue the proceedings initiated by or against his predecessor - Substitution rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for eviction of trespassers - Applicant claimed to be tenant of the shop - Neither a necessary nor a proper party for adjudication of lis between the plaintiff and trespassers - Order allowing impleadment, set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Dismissal of application - Validity - Vendee filed suit for specific performance of agreement - Subsequently, vendor fled suit for declaration that documents relied upon by vendee in his suit for specific performance are null and void, forged and fabricated - Controversy in two suits is whether vendor..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application cannot be filed by a person who was not initially a party to the proceedings...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Can be exercised when fraud is played upon the Court and not when a fraud has been played upon a party...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Cannot be used to restrain the execution of a decree at the instance of one who was not a party to suit...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........
