Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Remedy in civil Court already availed - Two parallel remedies on same cause of action not permissible - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Unregistered document to prove title - The purpose for which document is relied upon is not for collateral purpose but to prove the transaction on the basis of which plaintiff tries to establish his title - Rejection of application calls for no interference...........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by holding that matter has to be decided by formulation of an issue and appreciation of evidence - - Order does not fall within ambit of a `case decided' or an `issue decided' - No interference warranted in revision against such an order...........
Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand - Trial Court without taking into consideration of relevant basis of valuation and without giving any opportunity of evidence to parties has determined valuation of property solely on basis of Amin report - Additional Amin report is required in the matter and parties have also to be given opportunity of producing..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Ex parte order granting maintenance to widowed daughter-in-law - Notice was sent to father-in-law initially by ordinary post and thereafter by registered post - Service was presumed to have been effected upon father-in-law as per endorsement of postman on..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Members of bar shall file draft issues before framing of issues by Courts, after pleadings are complete, which will assist trial Courts in deciding the lis as expeditiously as possible and will save some time...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Plaintiff had not produced relevant documents at time when case was fixed for plaintiff's evidence, though time was granted to plaintiff to file such documents - Case was again listed for cross-examination of PWs, however, neither documents were produced nor any explanation was given for..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Composite sentence of civil imprisonment for a period of 12 months - Court cannot impose composite civil imprisonment in case of default in payment of maintenance arrears/allowances for a period of more than one month in a single stroke - Impugned order held, set aside...........
Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
