Civil Procedure Code, 1908, Order 22, Rule 6 -- Abatement of suit - Death of party between conclusion of hearing and pronouncement of judgment - If a party expires between conclusion of hearing and pronouncement of judgment, same does not result in abatement of such proceedings and judgment on being pronounced, would have the same force and effect as if it had been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of rent petition - Typographical error - Nature of amendment is not substantive but in fact is corrective in nature therefore, amendment cannot be rejected on this ground alone - Typographical mistake/correct provisions of law can always be placed before Court as they do not lead to any dispute on facts and they do..........
Criminal Procedure Code, 1973, Section 173 -- A person accused in FIR but removed from list of accused during course of investigation - Police to issue notice to defacto complainant or their legal heirs whenever a person named as an accused in FIR is removed from the list of accused during course of an investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - First Appellate Court has considered each and every aspect of the matter and dealt with arguments as well as evidence available on record in detail and only thereafter had held that there was no ground to interfere in the judgment and decree - In such nature of decision having been passed..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Right of a woman to claim maintenance from her son or daughter is independent of her husband's obligation to maintain her...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Mother can claim maintenance from her children even if her husband is maintaining her and son can be legally required to contribute if mother is unable to maintain herself and husband is not providing sufficient support...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
