Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Stamp Act, 1899, Article 47A -- Deficient stamp duty - Suit for specific performance - Subject document is `house sale deed', as total sale consideration was paid - It is not an agreement of sale - Said unregistered document is inadmissible in evidence unless and until deficit stamp duty is paid - Court below thus, rightly directed plaintiff to pay deficient stamp duty and..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of L.R's - Two independent proceedings - It cannot be said that substitution application filed in one proceeding is sufficient and only formal application is required in other proceeding - Substitution application not properly filed and Court in place of taking liberal view, took a arbitrary view which cannot be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Consent of both husband and wife recorded on 03.01.2020 and case fixed for judgment for 06.01.2020 - Case was again reopened on 06.01.2020 and thereby the case came within the ambit of `hearing' again and on that date unilateral consent of husband was recorded - Court having reopened the case for hearing,..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Maintenance -- Overlapping jurisdiction - Order passed in previous proceedings in overlapping jurisdiction concerning grant of maintenance ought to be taken into consideration while passing subsequent orders and if necessary, orders passed in previous proceedings need to be modified or varied...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Grant of interim maintenance of Rs.2500/- per month - Maintenance granted u/s 125 Cr.P.C. is to be taken into consideration while granting maintenance u/s 24 of Hindu Marriage Act - Thus after adjusting the amount of Rs.1500/- payable u/s 125 Cr.P.C. an amount of Rs.1,000/- p.m. is payable as interim..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condoned - Delay not to be taken into consideration to decide the petition on merits...........
Education -- Shortage in lectures/attendance - Permission to appear in theory examination - Student was tried by Juvenile Justice Board on account of registration of FIR - He was acquitted but was not permitted to take class-X examination on account of shortage of attendance - Writ petition was dismissed upon a consideration of R.14 of examination bye laws-framed by..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
