Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 122 -- Production of documents - Family Court has discretion to admit any evidence which is relevant for adjudication of dispute without referring to restrictions and technicalities prescribed under Evidence Act and also as to whether same is collected legitimately or otherwise...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Family Courts Act, 1984, Section 14 -- Production of documents - Petitioner is seeking to place on record two letters and whatsapp chats and oral conversations downloaded from mobile belonging to respondent - However, as regarding two letters, no foundation has been laid and that there is no whisper about same in entire..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a doctor earning approximately Rs.1,40,000 p.m. from his employment - Wife on the other hand holds an M.Tech (Computer Science) and an LLB degree - She claims to be presently unemployed - Determination of alimony requires consideration of multiple factors - Husband has capacity to pay a higher amount..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive value..........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Civil Procedure Code, 1908, Order 16, Rule 6, 7 -- Summoning of sub-Registrar along with documents - No prejudice will be caused to anybody if witness is summoned - If Sub-Registrar is summoned to produce registered sale deeds and original certificate issued by Mandal Revenue Officer to give evidence, it is useful for proper adjudication of issues involved in the suit -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Bar of jurisdiction of civil Court - Suit for permanent injunction of agricultural land not maintainable before Civil Court - Trial Court directed to return the suit U.O.7.R.10 CPC...........
Civil Procedure Code, 1908, Section 151 -- Child custody - Suspension of interim visitation rights granted to mother - Daughter of parties has voluntarily started residing along with her mother in the matrimonial home - However, younger son, aged about 9 years is residing with father - Daughter wishes to continue residing with her mother in matrimonial home in Court..........
