Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Merely because order or decision is erroneous cannot be reviewed on ground that different view can be taken on point of fact or law, as Court will not sit in appeal over its judgment...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Civil Procedure Code, 1908, Section 36 -- Cost - Provisions relating to execution of decree or order include payment under a decree or order as well...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Once order or decree shows that it was obtained after following due judicial process by giving reasonable notice and opportunity to all the proper and necessary parties, Executing Court cannot enquire into the validity, legality or otherwise of judgment...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Order passed by English Court is an order on merits in view of S.13(c) CPC - Appellant does not dispute the jurisdiction of Foreign Court and on its own requested the English Court to asses the costs summarily - English Court granted costs against appellant while dismissing his application - No appeal preferred..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition held, maintainable...........
Civil Procedure Code, 1908, Section 44A -- Execution - Order passed by Foreign Court - Falls within definition of `Order' and therefore, it is a `judgment' and thus becomes `decree' as explanation to S.44-A(3) CPC - Moreover, order passed by English Court after observing principles of natural justice and recording reasons on an application filed by appellant conclusively..........
Civil Procedure Code, 1908, Section 44A, 35A -- Execution - Foreign decree for costs - Contention that costs imposed exceed the bar imposed by S.35-A CPC, order of English Court thus, not executable in India - Contention rejected, as Court that ordered costs is the High Court of justice of England, which is not governed by provisions of CPC - Moreover, no claim advanced by..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
