Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband remarried after dismissal of first appeal and he has three children born from second marriage - He has two siblings with special needs to take care of and also has a widowed sister living with him - Considering the pay of husband being less than Rs.7500, Court below rightly awarded Rs.1,40,000 to wife -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Ex parte interim injunction - Appeal - Defendant has a remedy to move application for setting aside ex parte order U.O.39.R.4 CPC - Appeal on behalf of defendant is not maintainable, hence, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Compromise during pendency of appeal - Husband agreed to pay a sum of Rs.18 lakhs towards permanent alimony to wife - He also agreed to pay sum of Rs.5000 p.m in favour of his son till he attains majority and Rs.6,000 each in favour of his two daughters till they get married - Wife stated that she has no other claim on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Act of finally hearing of second appeal without framing of substantial question of law is itself illegal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Nothing on record to show that High Court formulated substantial questions of law and gave an opportunity to parties to argue on the basis of those substantial questions of law - Procedure followed by High Court is completely illegal and contrary to S.100 CPC - Impugned..........
Environmental clearance -- Challenge as to - It is the duty of NGT to satisfy itself that all the conditions precedent for grant of environmental clearance were complied with and environmental clearance is lawfully granted - NGT ought to have directed fourth respondent to place on record the material to show that compliance was made with requirements of Clause 2(b) of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of memo of appeal - Application for amendment filed by defendant was already dismissed by first appellate Court on the ground that said ground has already been raised by defendants in their memo of appeal and issue in that regard was already framed by trial Court - Application filed by defendant was nothing more..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
