Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - Estate of plaintiff/landlord would be represented by his first class heirs which undisputedly would be his wife, son and daughter - Tenant could not point out any provision of law which prescribes for sisters to be LRs even where first class heirs of a deceased..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Wrong finding of fact is not sufficient to constitute a question of law...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation against sister-in-law - No evidence on record that accused harassed deceased for dowry and treated her cruelly - Accused's act of merely having deceased visit her house and engaging in quarrels does not amount to cruelty for dowry - Statement alleging accused poisoned deceased were..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Court cannot entertain Second Appeal unless a substantial question of law is involved...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against sister-in-law of wife - Sister-in-law of wife is married and resides separately from wife - General and omnibus allegations alleged against her which did not lie against her - Proceedings qua sister-in-law of wife stayed till 30.11.2024 or until further orders, whichever is earlier...........
Civil Procedure Code, 1908, Section 13(f) -- Foreign judgment - A foreign judgment violative of Indian Law is not conclusive between parties - Indian Courts are thus, not bound to follow it...........
Practice and procedure -- Ignorance of law or wrong advise of advocate is not sufficient ground when no affidavit of in-house advocate is placed on record to justify such reason - Blaming an advocate is not proper when such advocate is having no opportunity to defend or to explain...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Application u/s 3 of the Act - Jurisdiction of Gram Nyayalaya - Gram Nyayalaya does not possess the jurisdiction to deal with an application u/s 3 of the Act in view of Ss.11, 12 of Gram Nyayalaya Act - Application be returned to petitioner to be presented before proper forum in a time bound manner in..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once objections have been raised regarding admissibility of document, then same has to be decided by Court either way so that affected party could take remedial steps to remove the objections or to prove the documents as per law...........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
