Civil Procedure Code, 1908, Order 20, Rule 5 -- Court to state its decision on each issue - Even if a specific issue has not been mentioned as being decided by a Court in its judgment, but the said issue is covered in its discussion on other issues and is actually adjudicated upon while deciding those issues, it need not be shown to be separately decided...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon wife - Unnatural sex - Husband was earlier married with one lady, who for similar reasons divorced him - He was cross-examined on this point but he has given evasive reply and not clarified the facts - Husband could have filed the judgment of that divorce case, but the same was not filed by him - This..........
Rent and Eviction -- Appeal against eviction order - Stay of operation of the judgment - Condition to pay occupation charges - Tenant used to pay Rs.7000/- per month as rent in the year 1996 - Occupation charges must be enhanced at least by three times - Impugned judgment and decree is stayed subject to the condition that tenant pays a sum of Rs.21,000/- per month as..........
Rent and Eviction -- Appeal against eviction order - Stay of operation of the judgment - Payment of occupation charges at prevalent rate of rent in the locality - In order to assess prevalent rate of rent, Stamp Duty Reckoner is accepted to be a guide...........
Rent and Eviction -- Appeal against eviction order - Stay of operation of the judgment - Payment of occupation charges - Occupation charges are dependent upon various factors like locality or area where suit premises situate, availability of modern amenities in locality, prevalent rate of rent and similar other factors...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 22, Rule 5 -- Finding on issues - Suit for permanent injunction - Trial Court while decreeing suit not recorded finding on each issue separately as per O.14.R.2 r/w O.22.R.5 CPC - Further, it is not clear from judgment of trial Court that which issue it has decided - It was incumbent upon trial..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint of complainant returned to be presented before Court of competent jurisdiction - Complainant immediately assailed the said order by filing present proceedings - Present proceedings would be deemed to be continuation of proceedings before trial..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Agreement to sell -- Suit for specific performance - Ready and willing - Trial Court ordered refund of advance money - First Appellate Court decreed the suit - Primary question as to whether parties were ready and willing till the date of judgment to perform their parts of contract not decided by Appellate Court while decreeing suit - Impugned judgment and decree of..........
