Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Reliefs under the Act - PWDV Act is generally of civil kind and reliefs thereunder are of civil nature and forum prescribed to secure reliefs is criminal Court - Proceedings that deals with right of civil nature do not cease to be so just because forum for its enforcement prescribed by statue is the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Mediation - Proceedings u/ss 12, 23 of PWDV Act - Petitioner pleaded that he was compelled to sign compromise agreements, without understating the consequences of its terms - However, said allegation is vague in nature, as there is nothing to..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness on the ground that some material questions remained to be put to witness - Application bereft of any reasons as to why and what questions remained to be put to the witness - Such application is nothing but an endeavour to fill in lacuna in the evidence - Application cannot be allowed merely..........
Civil Procedure Code, 1908, Order 11, Rule 14, 21 -- Production of documents - Non-compliance of order - Order does not come under the purview of O.11.R.21 CPC - It is adverse inference which can be drawn in proper cases but Court cannot substitute the exercise of jurisdiction U.O.11.R.21 CPC either to strike off the defence or to dismiss the suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff has been found in possession of suit property that too in lawful possession being adopted son of original owner - Said finding of fact recorded by first appellate Court after appreciation of evidence - No interference warranted in said findings - Suit rightly decreed in..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petition by wife for dissolution of marriage - Wife seeking relief of mandatory injunction directing husband to move out of matrimonial home, for the welfare of children, till disposal of petition - If removal of husband from home alone is the only way to ensure domestic peace, Courts..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Permanent alimony - J.D. if not the owner of properties whose list is furnished by D.H. then the same cannot be attached - J.D. living in U.K. - Court gave liberty to D.H. to file a fresh execution petition as and when any particulars of J.D. regarding his address in India or any property in India comes to notice..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil and Criminal proceedings -- Can go simultaneously, if criminality is involved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from carrying out construction over suit land - Plaintiff inherited the suit property along with defendant - Suit land is not partitioned - Construction over suit property will cause injury to plaintiffs right as co-sharer - Prima facie case is thus, in favour of plaintiff - In..........
