Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Mother can claim maintenance from her children even if her husband is maintaining her and son can be legally required to contribute if mother is unable to maintain herself and husband is not providing sufficient support...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son cannot escape from liability to maintain his aged parents merely because he is married and has a family...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Jurisdiction of Court - Where property is situated, execution proceedings will lie at that particular place anywhere in India...........
Civil Procedure Code, 1908, Order 21, Rule 43 -- Execution - Attachment of bank account - Bank account of Judgment Debtor cannot be attached anywhere by way of digital banking - First of all it is to be seen that where the property of JD is situated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Explanation that facts were inadvertently missed out or not noted by the counsel is too general and cannot be accepted as sufficient compliance with statutory requirement of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Proposed amendment attempt to alter the very character of transaction from an agreement to sell into a transaction of loan, by introducing a new context that agreement was executed only as a security to such a loan - It completely changes the foundation of the..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
