Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Expeditious disposal of case - Case status goes to show that Commissioner's report is not filed since 10.10.2022 to 11.9.2025 - As on date status of main petition is for filing report of Advocate Commissioner - Since divorce petition is of the year 2018, trial Court shall proceed with the matter on day to day basis..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Plea of limitation is a mixed question of facts and law - Plaint is not liable to be rejected U.O.7.R.11(d) CPC on plea of limitation...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata can only be examined after detailed examination of pleadings of parties in earlier suit and after perusing all relevant documents filed by parties, which is impossible at the stage of deciding defendant's application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58 -- Judgment on admission - If there exists an objection, denial or a plea of explanation by party purportedly making the admission, statement cannot be treated as an admission in law sufficient enough to pass a decree under provision of O.12.R.6 CPC or S.58 of Evidence Act - Such disputed..........
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Objections - Plea of fraud raised by defendants was available to them during trial and was in fact raised in objections during first execution - Said objections were dismissed - Permitting JDs to raise the same plea again in a second execution would violate the principle of finality of litigation..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Nothing on record to show that wife is sufficiently earning to maintain herself in the same status and strata with husband and husband has not adduced any positive evidence to that effect - Since it is obligation of husband to maintain his wife, he cannot be permitted to take plea that he is unable to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the time of deciding application for amendment of pleadings Court is not required to adjudicate upon plea proposed to be incorporated and is primarily required to consider as to whether amendments are necessary for determining real question in controversy...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Plea of juvenility - An entry relating to date of birth made in a school register is relevant only when there is a primary evidence with respect to date of birth available on the record - In other words, there must be material to show as to on what basis entry regarding age was made in school..........
Agreement to sell -- Specific performance - Sale deed not executed despite payment of entire sale consideration - Plea that sale deeds were not allowed by Government not supported by any evidence - Dismissal of suit calls for no interference...........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Absence of a suggestion to a witness may not be the deciding factor in determining the outcome of a plea - However, in the wheel of consideration of all facts in issue and their legal implication, the absence of a suggestion constitutes an important cog in the wheel of consideration - Timing, absence of..........
