Civil Procedure Code, 1908, Section 151, Order 7, Rule 14 -- Production of documents - Application for calling records from official respondents was rejected in 2022 and thereafter they approached respondents and got desired documents - However, same sought to be filed at the stage when final arguments are in progress before trial Court - Application rightly dismissed...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Partition -- Jurisdiction - In Punjab, Haryana and UT Chandigarh, jurisdiction to partition the joint property is conferred in Revenue Authorities as well as Civil Court - With regard to agricultural land, jurisdiction is pre-dominately with Revenue Authorities, whereas, with regard to non-agricultural land, jurisdiction exclusively vests in civil Court...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C...........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Nature of proceeding u/s 12 of the Act is a civil proceeding and application u/s 12 of the Act is not the complaint as mentioned in S.2(d) Cr.P.C - Procedure for cognizance set out u/s 190(1)(a) Cr.P.C followed by procedure set out in Chapter XV Cr.P.C for taking cognizance will..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45, Hindu Marriage Act, 1955, Section 9, 13(1)(ia) -- Matrimonial dispute - Medical test of both husband and wife - Wife sought divorce on the ground that marriage between parties not consummated because of impotency of husband - Husband filed application for subjecting himself to undergo potentiality..........
Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Civil Court finding that cheque in question was only for purposes of security - Criminal proceedings under the Act unsustainable - Conviction set aside...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - There must be identity of the matter in issue in both the suits inasmuch as subject matter in both the proceedings is identical...........
