Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of declaration is being sought with respect to same rasta qua which injunction was sought initially - Without declaring that plaintiffs have easementary right, injunction could not have been granted recognizing right of plaintiff to use rasta on basis of easementary..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Valuation of suit and court fee - It is nature of relief claimed which becomes the basis for valuation of a suit - A suit is always to be valued on the reliefs as claimed - Market value of any property cannot be a decisive factor for valuation of suit - Since the relief..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Imposition of condition to deposit an amount in the Court before proceeding further is justifiable and that grant of leave by a Court U.O.37 CPC to defendants to defend the case is discretionary in nature...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Long period of separation of more than 12 years between parties - Marriage is nothing more than dead marriage - There is no emotional bonding between parties and there is no scope of patch up between them - If both the parties are not granted divorce, it will amount to cruelty to both the parties - Divorce granted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Compromise - Cheating - Matter compromised between borrowers and Bank - Loan account of borrower closed upon payment of amount - Possibility of conviction of accused is remote and bleak - Continuation of criminal proceedings would put accused to great oppression..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Where accused is abroad at the time of making an application for pre-arrest bail u/s 482(1) BNSS, said material fact has to be disclosed in such an application, failing which it would amount to suppression of material facts from the notice of Court, as said material fact possesses the potential to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Comparison of signatures of accused on loan documents with admitted standard signatures - Petitioner has not disputed the fact regarding availing of loan by him from complainant and regarding submission of loan documents and the fact of issuance of cheque in question in the name of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Merely because for the welfare of the family if father of wife had at some stage in the life of husband tried to contribute to the growth of husband to see that the family remains viable and the marriage survives, in absence of any evidence to the contrary, it cannot be said that this..........
