Hindu Marriage Act, 1955, Section 13, 13B, Civil Procedure Code, 1908, Order 6, Rule 17 -- Divorce petition - On joint request of parties an application U.O.6.R.17 to convert original petition into a petition u/s 13-B was allowed - Marriage has irretrievably broken down - No chance of reconciliation and resettlement of matrimonial home - There is substantial compliance to..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Maintenance - Revision under S.125 Cr.P.C dismissed by Sessions Court - Second revision does not lie before High Court - Still the Court of Sessions being a Court subordinate to the High Court its proceedings are open to scrutiny in exercise of powers under Section 482 Cr.P.C...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of appeal as well as suit with permission to file a fresh suit on same cause of action - Court before granting permission must be satisfied that the suit bound to fail by reason of some formal defect or that there are otherwise independent sufficient grounds for allowing plaintiff to institute a fresh suit for..........
Civil Procedure Code, 1908, Section 35A -- The Court has to remind itself of section 35-A, Civil Procedure Code and take deterrent action if it is satisfied that the litigation was inspired by vexatious motives...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction restraining defendants from dispossessing plaintiffs from land in a suit for declaration that defendant No. 1 is owner of suit land as recorded in Jamabandi and plaintiffs are Gair Marusi tenants of defendant No. 1, there is relationship of landlord and tenant between the parties and defendant No. 1..........
Civil Procedure Code, 1908, Order 41, Rule 3 -- A-Appeal when presented after expiry of period of limitation - Unless along with the appeal application filed seeding condonation of delay - Appeal cannot have any existence - Cannot be entertained - Facts have to be alleged as to why delay occurred in filing of appeal - Where no application filed - No ground to entertain..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Act does not provide for grant of interim maintenance pending the final decision of the proceedings yet the Court by virtue of the duty to render fair justice and in exercise of its inherent power under Section 151 CPC has wide discretion to grant..........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
