Civil Procedure Code, 1908, Order 41, Rule 5(2) -- Scope - Stay of execution - Provision of O.41.R.5(2) CPC applies, if execution is filed within the limitation period for filing appeal against the trial court's decree...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and interest of both the parties, Court shall lean in favour of such an alternative arrangement...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - There is no rule of thumb that marriage may be presumed to be irretrievably broken down solely for the reason of length of separation suffered - Only where one of parties is seen to have voluntarily deserted the other and parties have continued in that status for long period of time..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 105 days in filing appeal - Counsel for appellant for whatever reason chose not to file and/or genuinely forgot to file the appeal - Litigant cannot be made to suffer on account of conduct/inaction of counsel - Moreover, once the inaction came to light, she has taken a stand, changed the counsel and has..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in jail as a under trial prisoner for the past four years - However, till date, charge is not framed against accused - Prosecution intends to examine not less than 80 witnesses - Manner in which prosecuting agency as well as Court have proceeded, right of accused to have a speedy trial could be said to have..........
Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - Once a document is already admitted in trial Court and has not been challenged by opposite party at that time, its admissibility cannot be taken into consideration by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - If there was irregularity in the TIP, that itself does not erode the evidentiary value of the identification in the Court...........
Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Once documents have served their purpose in litigation and are no longer required by Court, should be returned to their rightful owner and not necessarily to the party who physically submitted the documents in Court...........
