Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Taunting husband for his handicap and pushing him around to throw him on ground when he is helpless and unable to defend himself, constitutes most inhumane kind of cruelty which can be meted out to any disabled person - Such actions of wife amount to her inflicting both physical and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of false complaints by wife against husband in which he was acquitted and wife has been held guilty for commission of offence punishable u/s 500 IPC, amounts to cruelty towards husband - Divorce granted to husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Acts of wife though amounting to cruelty against husband but keeping in view her requirements and that of the son born of the parties wedlock, husband directed to pay wife a sum of Rs.15 lakhs as one time permanent alimony and she will not claim any further amount at any later stage and a sum of Rs.10 lakhs shall..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Parties are living separately since 2005 - Husband filed petition for custody of his son in 2010 and same was dismissed in 2016 - Minor has been staying with his mother throughout this period - He will acquire majority within few months from now - Husband has been regularly paying..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copies - Evidentiary value of documents in question can be decided by trial Court, but said document cannot be rejected only on the ground that documents brought on record are Xerox copies - Application rightly allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox copies - Mere fact that no details are mentioned in affidavit of R1 when original document is lost to adduce secondary evidence, said aspect can be considered by trial Court at the time of disposal of suit, as document is already marked in evidence adduced in suits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment or decree during pendency of appeal - Where judgment or decree injuncts either of parties before Court from performing any particular act, ordinarily, no stay of such an order can be sought as it would amount to placing the clock back and restoring status quo ante...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Failure to lay foundation to prove xerox copy of Will by secondary evidence - Application rightly dismissed...........
