Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reopening of issue of maintenance pendente lite - Earlier application of wife u/s 24 of the Act dismissed - Another application u/s 25 of the Act filed by wife disposed of with a finding that wife was responsible for delay in disposal of said application and such findings attained finality - More so,..........
Insurance law -- Burglary - Claim of insurance policy - Non-furnishing of item wise invoices of stolen articles, would not repudiate the claim of insurance policy, particularly, when policy holder clearly indicates both nature of items lost and value thereof in his affidavit - Moreover, once insurance company itself changes its policy from `as per list policies' to..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of 103 days in filing - Leave of Court - Defendants pleaded that due to unavailability of important documents, written statement could not be prepared and filed within statutory time limit - Plaintiffs did not file an affidavit-i, opposition - Trial Court not recorded a finding that plea taken by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Format of affidavit and documents to be attached therewith enumerated - Affidavit of assets, income and expenditure to be filed by both the parties, personal income relating to the deponent, Relevant information relating to the spouse, relevant information relating to the children, Statement of income,..........
Evidence Act, 1872, Section 65B(4) -- Multiple electronic records - Each document purporting to be a print out of electronic record is not required independently accompanied by a certificate - An affidavit filed by a party with regard to compliance with S.65-B(4) of the Act, in respect to multiple electronic records can be treated as requisite certificate...........
Criminal trial -- Procuring or receiving affidavit of informant or other witnesses during investigation by Senior Superintendent of police or I.O is against law and is not permissible, as there is no provision in Cr.P.C. regarding the same...........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Affidavit of witnesses produced before Superintendent of police or I.O during investigation - May be a statement of witness during investigation, which is not a substantive evidence - Such statement of witnesses during investigation can be used only for the purpose to contradict the PWs in the..........
