Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - Once it is concluded that initial proceedings were held before a Court which lacked jurisdiction, written statement and other evidence that may have been led by parties before said Court become non-est in the eyes of law and defendants are within their right to file their..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Co-owner in exclusive possession of a specific portion of joint land is entitled to seek protection against interference by other co-sharers and that no co-sharer has right to alter or change the nature of portion under exclusive possession of another - Application rightly allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
Practice and Procedure -- Litigant who has not availed appropriate legal remedy against an order cannot be permitted to re-agitate the same issue before same Court at any subsequent stage of proceedings...........
Criminal Procedure Code, 1973, Section 125(1)(a) -- Maintenance to wife - Earning wife - Wife is an earning lady and able to maintain herself - She thus, not entitled to get any maintenance from husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife suppressed the material facts and claimed herself as a illiterate and unemployed woman in her affidavit - However, when document filed by husband was shown to her before trial Court, she admitted her income during cross-examination - Wife thus, not came to Court with clean hands - If a petitioner is..........
