Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Evidence of identification of an accused in TIP is primary evidence but not substantive evidence - It can be used to corroborate evidence on identification of accused in the Court...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act filed by Husband at place `B' to place `S' - Petition filed by wife u/s 13 of Hindu Marriage Act, pending at place `S' - Petition pending before Family Court at place `B' is transferred to District Judge at place `S' - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants already filed written statement, as Court below set aside the ex parte decree - Issues have already framed - No interference warranted in impugned order of allowing application - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons were not duly served and defendant knew about the decree when patwari informed him about decree - Application U.O.9.R.13 CPC was filed within 6 days of said date and therefore, application is within limitation - Same was not required to be accompanied by application u/s 5 of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed on failure to furnish correct/complete addresses of defendants - Order dismissing suit passed U.O.9.R.2 CPC - Application for restoration of suit is maintainable U.O.9.R.4 r/w S.151 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for permanent injunction - Both the parties claiming right over suit property - Moreover there is claim and counter claim of construction on the spot - Appointment of Tehsildar as Local Commissioner to visit spot and demarcate property after notice to parties and submit his report regarding..........
Guardians and Wards Act, 1890, Section 7, 8, 9, 10, 11 -- Custody of child - Welfare of child is paramount consideration - However, while deciding welfare of child, it is not view of one spouse alone which has to be taken into consideration - If welfare of child so demands, then technical objections cannot come in the way...........
Guardians and Wards Act, 1890, Section 7, 8, 9, 10, 11 -- Custody of children - Interim arrangements made by Supreme Court while granting custody of children to mother with visitation rights to father taking into account interest of minor children as a paramount consideration being sufferers of matrimonial discord - Same cannot be found fault with - Said arrangements shall..........
