Maintenance -- Wife is entitled to know quantum of salary received by husband from his employer to make a rightful claim of maintenance...........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous litigation - Three conditions are to be satisfied before Court proposes to award costs: (i) claim or defence must be false or vexatious; (ii) objections must be taken that claims or defence is false or vexatious to knowledge of party raising it; (iii) such claim or defence must have been disallowed or..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Date from which insurance policy becomes effective - Date of issuance of policy would be relevant date for all purposes and not date of proposal or date of issuance of receipt...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Time barred claim - Amendments which do not introduce a new claim for first time after expiry of period of limitation can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Claim of damages of 10 crores - In a suit for damages, ad-valorem Court fee is payable on the amount of damages claimed - Order rejecting application for rejection of plaint, set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Demand in addition to the cheque amount - If in a notice while giving break up of claim, the cheque amount, interest, damages, etc. are separately specified and these additional claims will be severable, such demand would not invalidate the notice...........
Specific Relief Act, 1963, Section 41 -- Provision of S.41 of the Act prohibits any person to claim the relief as sought for that would apply in respect of suit to be instituted in India but not in Canada...........
Agreement to sell -- Specific performance - Readiness and willingness - It is not necessary that plaintiff in a case for specific performance has to produce money or vouch a concluded scheme for financing the transaction to prove his readiness and willingness in order to successful claim of decree of specific performance...........
Agreement to sell -- Specific performance - Grant of alternative relief of refund of earnest money whereas alternative relief claimed was refund of earnest money and damages - Total sale consideration was Rs.5825/- and plaintiff had paid total sum of Rs.4945/- - Merely refunding the earnest money paid after 60 years will be unreasonable, as plaintiff after booking the..........
