Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Petitioner failed to show that she exercised due diligence in producing documents in question - There was no reference in pleadings about said documents - Documents in question were not required to pronounce a satisfactory judgment - Plaintiff as of right not entitled for a fresh..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - To be supported by an Affidavit duly sworn - Such direction issued in Priyanka Srivastava case is prospective in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Hindu Marriage Act, 1955, Section 25(2) -- Maintenance to wife - Enhancement - Family Court exceeded its jurisdiction by granting Rs.10,000 maintenance when wife had only claimed Rs.7,000 - However, as per S.25(2) of the Act, Court has discretion to increase maintenance based on substantial change in circumstances - This part of order of Family Court can at best be said..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Constitution of India, 1950, Article 226 -- Writ petition - Land acquisition proceedings - Approach of Division Bench in relying on affidavit of authority and closing the matter on the same day, without giving an opportunity to appellant to meet the averments made in the said affidavit would be in violation of principles of natural justice - Order of Division Bench set..........
Statement by counsel at Bar -- Order passed on the basis of such statement - Plea that no such statement was made - When counsel makes statements before Court, before recording the same, Court will have to take an affidavit of counsel stating that they are really appearing for parties and that parties have instructed them to make a particular statement...........
Protection of Children from Sexual Offences Act, 2012, Section 4, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Penetrative sexual assault - Determination of age - Admittedly, school admission record based on affidavit of uncle of prosecutrix who is not examined thus cannot be relied upon as conclusive proof - Even, prosecutrix and mother..........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
