Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 26, Rule 10A -- Handwriting expert - Comparison of signatures - Signatures obtained in open Court which are on suit summons, vakalat and written statement would be later in point of time than the suit agreement of sale - Said signatures are not safe to take as specimen signatures for comparison with disputed..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If property in two suits is one and the same but issues are separate and there is no identity at all with regard to the cause of action and also the reliefs then subsequent suit is not liable to be stayed u/s 10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is not only the identical subject matter but also the relief claimed in both suits that determine the applicability of S.10 CPC...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed for declaration and permanent injunction and subsequent suit for eviction - Issues which arise in earlier suit are quite distinct from issues which arise in suit seeking eviction of tenants - Although suits may be in respect of very same property, nevertheless, issues do not overlap and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from parking their vehicles in front of shops occupied by plaintiffs - Shops in question are in possession of plaintiffs and they are operating business activities from these shops - By parking vehicles exactly in front of shops thereby blocking free flow of movement certainly..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Investigation was incomplete on the day application u/s 167(2) Cr.P.C. was filed - Accused deserves to be enlarged on bail - Default bail granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Adequacy of maintenance allowance has to be determined by the yardstick of dependent spouse being able to lead a life of reasonable comfort...........
