Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Section 151 -- Production of documents - Reopening of case and recall of PW1 - Documents sought to be produced by plaintiffs are not relevant to prove issues in question - Moreover, proving said issues is on defendants and not on plaintiffs - Even..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right of beginning - Pre-condition for invocation of O.18.R.3 CPC is that there must be several issues, the burden of proving some of which lies on the party beginning...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil proceedings - Simultaneous prosecution of civil and criminal proceedings - Both the proceedings are not arising out of identical set of facts - Scope of two proceedings are different - It is not a case involving complicated issues of law and fact, so as to embarrass the trial in either of proceedings - Even..........
Arbitration and Conciliation Act, 1996, Section 34, Constitution of India, 1950, Article 136 -- Appeal - Arbitral award regarding interest on various claims - Setting aside - Work contract - Plea raised by appellant defeating claim of respondent no.1 relating to award of interest on various claims - Appellants application u/s 34 of the Act is partly allowed only to extent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because trial Court has not given a finding that wife is not able to look after herself, that does not mean that she is not entitled for maintenance - High Court is required to look into the question whether wife is entitled to maintenance or not and if so the quantum of maintenance - Since High..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce petition filed by husband - Cruelty - Improper behaviour, complaining nature and eye problem of wife are not issues sought to be relied upon so as to prove cruelty - Husband failed to prove any ground of cruelty - Refusal to grant divorce rightly, upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........
Trade and Merchandise Marks Act, 1958, Section 107, 111, 46, 56 -- Infringement of trade mark - Validity of registration of trade mark - All issues relating to and connected with validity of registration has to be dealt with by Tribunal and not by civil Court - Only if same is abandoned or decided against party raising it that suit will proceed in respect of other issues..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Parties to suit cannot travel beyond pleadings so also the Court cannot record any finding on the issues which are not part of pleadings - In other words, Court has to record findings only on issues which are part of the pleadings on which parties are contesting the case - Any finding recorded on an issue de..........
