Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Power to seek expert opinion is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Comparison of signatures and thumb impressions - Mere denial of execution of documents does not automatically mandate comparison through an expert, particularly when documents relied upon is already part of record and matter is yet to proceed to final adjudication - Application rightly..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is not earning or being capable of maintaining herself - Mere bald assertion that wife is working and earning, without any proof to even prima facie support this claim, cannot be of any help to husband at this stage - Wife is entitled to maintenance...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Bald plea of unemployment cannot be accepted at face value, particularly when person concerned is able-bodied, qualified and experienced...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Where both parents are earning, father cannot escape his responsibility, particularly when children are residing with mother and she is bearing primary responsibility of their day-to-day care and upbringing...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Any amount already paid under orders passed in parallel proceedings can always be adjusted at the stage of execution - This by itself, does not render impugned order of granting maintenance illegal...........
