Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Allegations of ill treatment and harassment due to non-fulfillment of dowry and ousted from home levelled against husband by wife - Husband filed a petition for restitution of conjugal rights only after receiving notice of maintenance - He never tried to come at residence of wife to bring her back to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife living separately from husband for sufficient cause and is pursuing her MD (Homeopathic) and she requires support - Maintenance @ Rs.15,000 p.m., granted to wife from date of application except for the period of one year for which she was getting stipend...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Tenancy is admitted by defendant in written statement without any dispute - There is thus, no scope to entertain impleadment application to implead subsequent lessees/transferees with limited rights under lease...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Lease deed is executed by plaintiff, which is time bound lease subject to further renewal and only limited rights have been given to lessee - Therefore, in title dispute lessee would not be necessary party - However, in SCC Suit rights of third party is affected in tenancy dispute..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Filing of written arguments by a defendant once Court has held that decree needs to be passed against him and after precluding that defendant from cross examining plaintiff - Written arguments not to be taken on record and had to be discarded from the Court file...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Presence of petitioner in suit is required for proper and effective adjudication of dispute in suit - Petitioner is a necessary party for deciding the issue involved in the suit and genuineness of Will which is a triable issue - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea relating to evidentiary validity of document - Cannot be examined at the stage of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint disclosing cause of action that is not barred by any law - Applications rightly rejected...........
