Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Non-framing of point of determination - No reason given while dismissing appeal or why such judgment was passed without framing point of determination or without deciding main point to be determined on point of identifiability of disputed property - Non speaking order - Such order cannot be accepted as a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - While granting maintenance pendente lite, Court is under legal obligation to evaluate the income of parties, as provision of S.24 of Act is beneficial in nature and such power is exercised by Court not only out of compassion but by way of judicial duty so that indigent spouse should not suffer...........
Mohammedan Law -- Maintenance - Personal laws, unless statutory are customary - Customs have to be primarily pleaded and proved - Conflict of opinion as to which school is followed predominantly - Controversy with regard to schools can only be solved by basing decision on judicial process of examination and legal evidence - Only such law can gain potency to be treated as..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of sole defendant - Substitution of LR's - Court permitted substitution of all legal heirs including widow of deceased defendant - However, petitioner challenged substitution of other legal heirs on the ground that deceased defendant left a Will bequeathing all his properties in her favour - Since petitioner has also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 580 kg poppy straw - Officer in charge of concerned Police station or empowered officer is under legal obligation to draw representative samples, prepare inventory and have photography done of seized contraband in presence of concerned Magistrate - Thereafter there would remain no need to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Merely because husband was burdened to maintain his new wife, child and parents, is no ground to decline legal right of wife to get maintenance pendente lite, particularly when she has no independent sufficient income to maintain herself and her minor son is also residing with her...........
Civil Procedure Code, 1908, Order 10, Rule 1 -- Admission or denial of documents - After completion of pleadings by way of filing plaint and written statement, Court is under legal obligation to call parties to admit or deny documents - Impugned order dismissing application, set aside with a direction to proceed further on the basis of pleadings as per provisions of..........
Motor Vehicles Act, 1988, Section 173 -- Appeal - An appeal u/s 173 of Act, is akin to S.96 CPC - High Court, therefore, is equally under legal obligation to decide all issues arising in case both on facts and law after appreciating the entire evidence...........