Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC allowed prior to deciding the main appeal - Order allowing application set aside on this short ground - First Appellate Court directed to consider the application U.O.41.R.27 CPC r/w S.151 CPC for additional evidence afresh along with main..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Civil Procedure Code, 1908, Section 35 -- Costs - Vexatious litigation - Where one of parties misuse the process or attempt to obtain an order by trick and stratagem, Courts would be justified in imposing costs for igniting such vexatious litigation...........
Civil Procedure Code, 1908, Section 35 -- Costs - Vexatious litigation - Action of appellant to approach High Court again and again for implementation of interim order passed in dismissed writ petition lacks bona fides of appellant and imposition of cost is fully justified...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which payable - S.125(2) Cr.P.C empowers Court to award maintenance from date of order but same has to be justified in the background of attendant facts and circumstances and should not cause unnecessary hardship to applicant...........
Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - An order of transfer should not be routinely passed just because an interested party had expressed apprehension about manner of hearing - Only in exceptional circumstances and only to provide credibility to judgment, power of transfer can be exercised...........
