Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the proceedings u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Hearing of affected party is mandatory, as non-affording of such opportunity of hearing would be gross violation of principle of natural justice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC gives a very wide discretion to Court to pass a judgment at any stage of suit and that too on its own motion i.e. without any application being filed by any party...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for the last 12 years - Multiple failed attempts at reconciliation, indicate that there is no possibility of reunion - Marriage between parties dissolved by granting decree of divorce...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Any report regarding existing construction, assessment of loss to plaintiffs, estimated costs, estimated time and whether property is fit for habitation or not, would amount to collection of evidence in favour of a party, which would be injustice to other party...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued and rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
Practice and Procedure -- Parties have to prove their own case and Court will not function in the aid of party for collecting evidence...........
