Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Adverse Possession -- In order to set up a claim of perfection of title by way of adverse possession, plaintiff has to admit the title of original owner...........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed declared suspicious in nature without recording reasons in writing - Only on basis of contradiction in statement given by witnesses, it cannot be presumed that adoption deed is suspicious in nature - No independent proceeding took place for challenging adoption deed - Order..........
Civil Procedure Code, 1908, Order 41, Rule 31, 27 -- Judgment of First appellate Court - Points for determination not framed by first appellate Court - Even, application filed U.O.41.R.27 CPC not decided on merits and by leaving said application, first appellate Court pronounced judgment in first appeal - First appeal has been decided in an unsatisfactory manner - Judgment..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Liberty was reserved by High Court to plaintiffs to seek appropriate reliefs by filing a suit only after granting a patta and holding in favour of appellant - Therefore, question of reconsideration of those issues in suit did not arise at all - High Court was not right in raising said substantial questions of law -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18 -- Appeal - Pre-deposit - DRAT directed appellant to deposit 40% of Rs.22.80 crore on account of pre-deposit - ARCIL applied for review and DRAT while allowing review petition directed appellant to deposit 30% of Rs.193.10 crore - However, rectified amount of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Appellate Court set aside the judgment of trial Court and remanded the matter back to Trial Court for fresh adjudication upon suit, without even reversing specific finding recorded in favour of plaintiffs with respect to Will in question being surrounded by suspicious circumstances - Unless said finding recorded by..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Wife of `A' with whom respondent/wife is leading adulterous life had filed divorce petition on ground of adultery - Said circumstantial evidence are sufficient to establish the factum of `living in adultery' on a balance of preponderance..........
