Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal thereagainst on ground of fraud - Decree alleged to be obtained by fraud, has to be challenged in a civil suit and to lead cogent evidence to prove that she had no knowledge of the proceedings which had been initiated at the instance of her husband and even counsel who had appeared on her..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Discussion or consideration of evidence on record to decide question of law - It cannot be said that it is a reappreciation of entire evidence on record...........
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below - Cogent reasons given on appreciation of evidence - High Court reappreciated the entire evidence on record - Such exercise of power u/s 100 CPC is not permissible...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of Courts below - High Court is not required to re-apreciate entire evidence on record and to come to its own finding when findings recorded by Courts below, more particularly, First Appellate Court are on appreciation of evidence...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Evidence Act, 1872, Section 3 -- Interested witness - A witness cannot be said to be interested witness merely by virtue of being relative of victim - Witness may be called interested only when he or she derives some benefit from result of litigation in decree in civil case or in seeing an accused person punished...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14, Evidence Act, 1872, Section 65 -- Production of document - Secondary evidence - Admissibility - Mere non compliance of the direction to produce the original document cannot be a condition to allow plaintiffs to take benefit of secondary evidence unless the burden to prove that..........
