Civil Procedure Code, 1908, Order 18, Rule 3A -- Examination of authorized representative before examining other witnesses - Such direction issued on an application filed by defendant which is totally in conformity with provision of O.18.R.3-A CPC, as plaintiffs has not sought any permission from Court to examine its authorized representative after examination of other..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Petition u/s 125 Cr.P.C. is maintainable when maintenance is granted by civil court which is purely gratuitous and unwarranted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Maintainability - Husband filed petition u/s 9 of Hindu Marriage Act - Wife expressed readiness and willingness to resume co-habitation with husband - Decree of restitution of conjugal rights is passed with condition that in case husband does not take wife with him and resume co-habitation, he will pay maintenance..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Wrong address of defendants given by plaintiff - Report of process server recorded that defendants already left the said address - Plaintiff on 5 consecutive hearings, did not give the correct address nor filed any registered AD - Alleged service of defendants on the same address by means of..........
Civil Procedure Code, 1908, Section 36 -- Cost - Provisions relating to execution of decree or order include payment under a decree or order as well...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Once order or decree shows that it was obtained after following due judicial process by giving reasonable notice and opportunity to all the proper and necessary parties, Executing Court cannot enquire into the validity, legality or otherwise of judgment...........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Order passed by English Court is an order on merits in view of S.13(c) CPC - Appellant does not dispute the jurisdiction of Foreign Court and on its own requested the English Court to asses the costs summarily - English Court granted costs against appellant while dismissing his application - No appeal preferred..........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment passed by English Court - England is a reciprocating territory for the purpose of S.44-A CPC - Order passed by High Court of Justice, Chancery Division, England being a recognized superior Court in England, thus executable in India u/s 44-A CPC- Execution petition held, maintainable...........
Civil Procedure Code, 1908, Section 44A -- Execution - Order passed by Foreign Court - Falls within definition of `Order' and therefore, it is a `judgment' and thus becomes `decree' as explanation to S.44-A(3) CPC - Moreover, order passed by English Court after observing principles of natural justice and recording reasons on an application filed by appellant conclusively..........
