Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere temper, rudeness of language or a want of civil attention, if they do not threaten bodily harm, do not amount to legal cruelty - But they are high moral offences in the field of marriage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action for the purpose of O.7.R.11 CPC has to be ascertained from the contents of plaint only...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for recovery of damages for defamation - Period of limitation u/art 75 of Limitation Act would not get extended after expiry of one year from date of publication of libel - Suit is not within limitation prescribed u/art 75 of Limitation Act - Plaintiff even if proves all..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include some properties - Plaintiff in a partition suit may not be aware of all properties sought to be partitioned of common ancestral properties and if during pendency of case, acquire such knowledge about some more properties that need to be partitioned or included..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff came to know about properties that are now proposed to be included in suit schedule properties only after analyzing admission of defendants - Proposed items of properties, could not have been brought on record prior to commencement of trial, despite due diligence by plaintiff -..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 17 -- Amendment of plaint - Recall of a witness - Once plaint schedule is amended, it would be very much essential for plaintiff to re-examine any witness and evidence adduced after re-examination which would assist trial Court in deciding main issue...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250, Indian Penal Code, 1860, Section 420, 419, 467, 468, 120B -- Discharge - Cheating - Civil suit was filed in 2017, whereas FIR lodged in 2019 on the basis of an application u/s 156(3) Cr.P.C. - Civil suit is still pending to be decided on merit - Order on interim application does not amount to decide the lis pending..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
