Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1, 3, 4, 6 -- Production and exhibition of documents - Objection by plaintiff - Mere exhibition of document is only for purpose of identification of document and does not dispense with its formal proof, unless same is formally proved - Moreover, plaintiff has an occasion to raise objection qua admissibility and mode..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit in support of contentions of applicant must not be vague - Vague and general allegation that defendant is about to dispose of property or remove it beyond jurisdiction of Court, unsupported by particulars, would not be sufficient compliance with rule...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Affidavit of Managing partners of plaintiff firm revealed that suit property is only asset of defendant company and company is taking hasty steps to encumber said property - Affidavit does not disclose nature of enquiry made by him or source of his information - In absence of precise averments in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Reopening of issue of maintenance pendente lite - Earlier application of wife u/s 24 of the Act dismissed - Another application u/s 25 of the Act filed by wife disposed of with a finding that wife was responsible for delay in disposal of said application and such findings attained finality - More so,..........
Insurance law -- Burglary - Claim of insurance policy - Non-furnishing of item wise invoices of stolen articles, would not repudiate the claim of insurance policy, particularly, when policy holder clearly indicates both nature of items lost and value thereof in his affidavit - Moreover, once insurance company itself changes its policy from `as per list policies' to..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay of 103 days in filing - Leave of Court - Defendants pleaded that due to unavailability of important documents, written statement could not be prepared and filed within statutory time limit - Plaintiffs did not file an affidavit-i, opposition - Trial Court not recorded a finding that plea taken by..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
