Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Attendant charges - Appellant suffered from paraplegia on account of accident and requires an attendant throughout the day - Claim of Rs.4500/- p.m - Rs.2,000/- fixed as cost of keeping the attendant - Rs.4,32,000/- is thus, appropriate as attendant charges...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiffs have an absolute right to withdraw/abandon their suit as a whole or in part at any time after institution of suit and defendants at the most may claim some cost only but cannot oppose the prayer of plaintiffs for withdrawal/abandonment of their suit without seeking any liberty to file afresh..........
Civil Procedure Code, 1908, Section 35B -- Cost - Non payment - Suit cannot be dismissed for non-payment of costs - Non-payment of costs can result in forfeiture of the right to further prosecute the suit or defence as the case may be...........
Civil Procedure Code, 1908, Section 35B -- Costs - Witness bound down subject to payment of cost - Witness appeared and was cross examined - However, no objection was raised qua non payment of cost - While imposing cost it was not mentioned as to what would be the consequences of non payment of cost - Dismissal of application to strike off defence for non deposit of cost,..........
Suit for possession -- Plea of adverse possession - Plaintiff's father had inducted husband of defendant no.1 by executing rent bond only for 11 months - Defendants have used all possible recourse available to them under law to postpone handing over possession - They have succeeded in holding possession illegally for almost 67 years - Material on record shows that..........
Indian Penal Code, 1860, Section 379, 452, 504, 506, 147, 148, 149, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 379, 452, 504, 506, 147, 148, 149 IPC - Compromise - Quashing of proceedings - Entire dispute between parties compromised in 2022 - Case is pending since 2015 - Proceedings quashed on basis of compromise subject to deposit of exemplary cost of..........
Civil Procedure Code, 1908, Section 35 -- Costs - Defendant permitted to file written statement subject to payment of cost of Rs.1000/- - However, defendant failed to deposit the cost and filed application to exonerate him from said cost or allow him to deposit cost by way of installment - Rejection of same by trial Court - Defendant now ready to deposit amount as per..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has also responsibility to bring up son presently aged about 12 years - Husband directed to pay one time permanent maintenance including litigation cost of Rs.6 lakhs to son...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution Process - Settlement plan regarding completion of housing project filed by appellant - Appellant agreed that cost of flat will not be escalated - He also gave the time line within which project would be completed - There are only 7 out of 452 home buyers who opposed settlement plan - It will..........
