Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24 -- Maintenance u/s 125 Cr.P.C. and maintenance pendente lite u/s 24 Hindu Marriage Act - Claimed and granted under both the provisions - On an application filed for adjustment of maintenance granted under the two provisions of law Court considered the circumstances and held that as the award..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transferee pendente lite - Not a necessary party - Plea that transferor may not take any interest in the litigation - By itself not a ground for impleading him a party to the suit...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance - Exparte divorce decree granted in favour of respondent by dismissing application of petitioner filed U.O.9.R.7 CPC - Maintenance pendente lite granted thereafter - Held, Court became functus officio when exparte decree of divorce was granted - Order granting maintenance set aside...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife residing in India - Husband abroad and earning in foreign exchange - Held, cost of living in India, standard of living and other related factors have to be considered...........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite - Proceeding u/o 9.R.13 CPC is a proceeding under the Act for the purpose of grant of maintenance pendente lite and litigation expenses u/s 24 of the Act...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lie - Conduct of parties is relevant for awarding maintenance pendente lite...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Conduct of parties is relevant for awarding maintenance pendente lite - Late filing of application U.O.9.R.13 CPC is no ground to deny maintenance when there is a plea that application to set aside exparte decree was filed on coming to know of the exparte decree...........
Civil Procedure Code, 1908, Section 34 -- Interest - Non commercial transaction - Suit for recovery of principal amount alongwith interest - Trial Court awarded pendente lite and future interest at bank rate on principal amount and pre suit interest - Plaintiff not entitled to interest on amount of interest already claimed - Pendente lite and future interest allowed @ 6%..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
Arbitration and Conciliation Act, 1996, Section 9, 11 -- Arbitration award - Objections - Arbitrator meticulously examined claims of contractor under each separate head - No reason to interfere except on the rates of interest and on the quantum awarded for letting machines of contractor remaining idle - Interest reduced from 18% to 9% for pre-arbitration award, pendente..........
