Family Courts Act, 1984, Section 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Provisions of CPC are applicable to proceedings before Family Court and thus Family Court has jurisdiction to entertain an application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review lies only on the grounds mentioned in O.47.R.1 r/w S.114 CPC - Party must satisfy Court that matter or evidence discovered by it at a subsequent stage could not be discovered or produced at the initial stage though it had acted with due diligence - A party filing a review application on the ground..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Review application can be allowed only on: (i) discovery of new and important matter of evidence which, after exercise of due diligence, was not within the knowledge of person seeking review, or could not be produced by him at the time when the order was made, or (ii) when some mistake or error on the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Complicity of any person sought to be arrayed as an accused can be decided with or without conducting cross-examination of complainant and other PWs, and there is no mandate to decide the application u/s 319 Cr.P.C before cross-examination of other witnesses...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - PWs repeatedly continued to either absent themselves or file adjournment applications and only insisted for deciding the application u/s 319 Cr.P.C first and only thereafter trial could proceed - Complainant has no such mandatory right to insist that an application be decided in such a manner -..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7(2) -- Order granting maintenance - Execution - Jurisdiction of Family Court - Family Court had complete jurisdiction to entertain the execution application even though order granting maintenance was passed by Magistrate...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Description of suit property was wrongly written inadvertently and due to typographical mistake - Trial Court while allowing amendment specifically put plaintiff to condition that no fresh evidence will be led qua the amendment error - No prejudice would be caused to defendant if..........
Clean hands -- Restoration of petition dismissed in default - Petitioner must approach Court with clean hands - It is not acceptable when false averments are made in the affidavit filed in support of application besides statements of irrelevant and non existing facts...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing recall application - Averments made in affidavit filed in support of application for condonation of delay in filing recall application as well as affidavit filed in support of such recall application, do not make out any sufficient cause either for condonation of delay of about 4 years or for recall..........
