Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not taking into account..........
Hindu Marriage Act, 1955, Section 27 -- Return of gold ornaments - Husband succeeded in proving that on the date when he purchased property, amount was separately withdrawn from his account, which was utilized for purchasing property - Contention of wife that her gold ornaments were sold by husband for purchasing property is not correct - Claim of gold ornaments rightly..........
Evidence Act, 1872, Section 45, 73 -- Promissory note - Alteration - Expert opinion - Alteration when visible to naked eye then Court to decide it as to whether such alteration is material alteration and Court need not to refer the disputed document for opinion of expert. (Para7)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12(1) -- Juvenile - Anticipatory bail - Bail plea of juvenile can only be entertained when he is arrested or detained or appears or is brought before Board, and not otherwise - There is no provision either in the Act or in the Code which enables juvenile to..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Denial of marriage - Suit or proceeding filed by either party cannot be dismissed on the ground of no, maintainability - Court to frame issues which may be decided after recording satisfaction to the truthfulness of the statement made by the parties...........
Civil Procedure Code, 1908, Order 26, Rule 9, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Appointment of Local Commissioner - Dismissal of application - Eviction petition - Appointment of Local Commissioner to go on a fishing expedition regarding number of rooms in occupation of landlord is nothing but an attempt of petitioner herein to try and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused coming to Court after taking liquor - No ground for cancelling the bail...........
