Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Formal defect is sine qua non in order to invoke provision contained U.O.23.R.1 CPC - Term formal defect generally refers to a defect in form or procedure that does not impact the merits of the case...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Criminal Procedure Code, 1973, Section 340, Family Courts Act, 1984, Section 19(1) -- Order rejecting application u/s 340 Cr.P.C - Appeal u/s 19(1) of Family Courts Act is maintainable and appeal filed under provisions of Cr.P.C or BNSS would not be maintainable in view of non-obstante clause as per S.19(1) of Family Courts Act...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Perusal of written statement makes it clear that counter claim was part of written statement - No formal order for taking the same on record is required to be passed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Loss of job as portrayed by husband due to alleged reason of recovery proceedings qua maintenance against him, cannot be considered as a mitigating circumstance to free him of his obligation to maintain wife in compliance of impugned order of granting maintenance to wife, particularly when reason of..........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Before proceeding ex parte, Magistrate is required to satisfy that person against whom an order for payment of maintenance is proposed to be made is willfully avoiding service or willfully neglecting to attend the Court...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by trial Court to petitioner is also required...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
