Civil Procedure Code, 1908, Order 44, Rule 3, Civil Procedure Code, 1908, Order 33, Rule 3(1) -- Indigent person - Presentation of application - Inquiry - Where applicants filed affidavit stating that they have not ceased to be indigent persons, since the date of decree appealed from, no further inquiry in respect of question whether or not the applicants are indigent..........
Civil Procedure Code, 1908, Order 44, Rule 3 -- Indigent person - Inquiry as to - Unless the Government Pleader or respondent disputes the truth of statement in affidavit, no such inquiry into the question whether or not the applicant is an indigent person, is necessary...........
Civil Procedure Code, 1908, Order 44, Rule 3, Civil Procedure Code, 1908, Order 33, Rule 3(1) -- Appeal by an indigent person - Unless the provisions, including the presentation of application dealing with the suits by indigent persons are applicable, an application for allowing to appeal as an indigent person need not comply with provisions in O.33.R.3 CPC with regard to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - While granting maintenance pendente lite, Court is under legal obligation to evaluate the income of parties, as provision of S.24 of Act is beneficial in nature and such power is exercised by Court not only out of compassion but by way of judicial duty so that indigent spouse should not suffer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........
Civil Procedure Code, 1908, Order 7, Rule 11(c) -- Rejection of plaint - Deficient Court fee - Court as a guardian for State resources must ensure that appropriate Court fee is paid - If it is not properly valued, Court shall follow the procedure as prescribed U.O.7.R.11 CPC to direct the Court fee to be paid and reject the plaint if it is not paid - It is not open for a..........
Civil Procedure Code, 1908, Order 33, Rule 11(b) -- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - By amendment in O.33.R.11(b) CPC, word `shall' substituted by word `may' which confers discretion on Court to decide whether plaintiff should be mulcted with liability to pay Court fee, in a case where plaintiff was permitted..........
Civil Procedure Code, 1908, Order 33, Rule 11(b) -- (as amended by State of Kerala) - Permission to sue as indigent person - Payment of Court fee - Discretion is conferred on Court to pass an order as regards payment of Court fee - However, if said discretion is not exercised in favour of unsuccessful appellant while disposing of appeal, unsuccessful appellant who has been..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Permission to sue - Possession of immovable property does not by itself indicate that one has sufficient means to pay Court fee - Benefit of statute is conferred on persons without sufficient means and not without any means at all - Object of O.33.R.1 CPC calls for liberal approach while considering..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Concept of "not possessed of sufficient means" is essentially a negative factor to be established by claimant and hence can only be proved by him by adducing positive evidence of his assets, needs and expenditure and to convince the Court that with the available resources, he is unable to set apart..........
