Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Constitution of India, 1950, Article 226 -- Direction for CBI inquiry - While issuing directions to CBI to hold an investigation, pleadings and material sufficient for CBI inquiry are required to be looked into...........
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...........
Agreement to sell -- Specific performance - Ready and willing - Deposit of money in Court - Direction to deposit money is an exception and general rule is that there is no necessity to deposit money to prove readiness and willingness to perform his part of contract - It is sufficient that plaintiff makes an averment that he is ready and willing to perform his part of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing Special Appeal - Delay is inordinate and explanation offered is hardly an explanation which is certainly not an acceptable one and is not satisfactory as there is no sufficient cause shown by appellants for entertaining the appeal which has been filed with delay - Application for condonation of delay..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Obligation of husband is not contingent on wife's employment status, but on whether she has sufficient independent income to maintain herself and child in a manner commensurate with their status...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
Stamp Act, 1899, Section 33, 38, 40, 42, 48, Registration Rules, Rule 107 -- Deficient stamp duty - Non registration of an instrument presented would not be a ground to seek return of document - Execution of document would be sufficient for the purpose of recovering deficit stamp duty by invoking provisions of Stamp Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate delay of 1489 days in filing appeal - Explanation furnished neither establishes a sufficient cause nor covers the entirety of delay which would justify condonation of an extraordinary delay - Vague assertions or generalized difficulties do not meet the statutory threshold - Application dismissed...........
