Civil Procedure Code, 1908, Section 151, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Examination of husband through video conferencing - Husband is residing at Singapore - It is not possible for husband to travel to India for his examination, keeping in view of second surge of COVID-19 Pandemic - Stringent travel restrictions are in place - Both the parties..........
Hindu Marriage Act, 1955, Section 2(2) -- Marriage between non-tribal and tribal Hindu - Dissolution of marriage - Husband is non-tribal Hindu and wife is tribal Hindu - Their marriage was performed under the Act - Wife can certainly contend subject to proof that she is a Hindu following Hindu practices and beliefs and would be entitled to benefits and remedies available..........
Supreme Court Rules, 2013, Order 47 -- Review - Dispute relates to information to be provided by RBI under RTI Act - No effort was made by any of applicants in Misc. applications to get themselves impleaded - Present applications styled as recall are essentially applications for review - Wrong nomenclature given to an application is absolutely of no consequence -..........
Civil Procedure Code, 1908, Section 149 -- Deficient court fee - Paid within extended time to pay court fee - Non-payment of entire Court fee within limitation period cannot lead to conclusion that suit itself was not filed in time...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Issuance of cheques pursuant to settlement agreement - Two cheques mentioned in agreement does not specifically disclose one for Rs.34,50,000 and another for Rs.35,00,000 and there is no mention with regard to cheque numbers, date and amount in agreement - Trial Court therefore, rightly held that it..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheques - Presumption u/s 139 of the Act - Issuance of cheques pursuant to settlement agreement - Agreement disclosed that cheques were issued only for security purpose - Trial Court after verifying cheques found that signatures of accused on cheques are different from other writings in cheques - It appears..........
Limitation -- Extension of limitation due to COVID-19 virus - (a) Order dated 23.03.2021 and in continuation of the order dated 08.02.2021, Limitation as prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings, whether condonable or not, shall stand extended till further orders; (b) period from 14.03.2021 till further orders..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 582 days in filing application - Defendant was duly served with summons in suit and had appeared - He failed to state that after becoming aware of passing ex parte decree on 18.7.2019, what steps were taken by him to seek setting aside..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine herself as his own witness - Case is posted for judgment - Accused sought an opportunity to examine herself and to prove the fact that four cheques were lost and she had to mark `stop payments' instructions to bank - Since..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court while granting bail to accused overlooked several aspects, such as potential threat to witnesses, forcing trial Court to grant protection - Order of High Court granting bail to accused set aside...........
