Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of complaint - Husband after disposing properties shifted to rented accommodation without making any provision for maintenance of wife and children - Prima facie acts and conduct of husband constitute domestic violence - Wife does not have any source of income for maintenance..........
Hindu Marriage Act, 1955, Section 13(1)(i), Orissa High Court Hindu Marriage And Divorce Rules, 1956, Rule 5 -- Divorce - Adultery - Non-joinder of paramour of wife - Where husband alleges adultery and dissolution of marriage u/s 13(1)(i) of the Act, he cannot be said to have a right of relief against paramour - Paramour is not a necessary party - However, R.5 of Rules..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Vakalatnama - Authority of counsel - Withdrawal of appeal - Appeal was withdrawn by counsel by making the statement that he does not want to proceed further with the appeal - In the said statement, he had not stated about any such instructions, having received from petitioner/appellant - Counsel in such circumstances had no..........
Minor wife -- Custody to guardian or husband - Minor marrying against wishes of parents - Paramount consideration in deciding the return of a minor to the custody of guardian or husband is welfare of the minor - A minor capable of making conscious decisions about her welfare and future life and voluntarily entering into a marital relationship should be considered - Wife..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused filed an application u/s 391 Cr.P.C for proving an agreement on the ground that said agreement was not traceable when trial was going on - He availed as many as 27 effective opportunities to lead his defence evidence - No reason has been assigned in the application for delay in..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband was not making an allegation of mental disorder for the purpose of separation - He tried to obtain treatment of his wife and on separation filed for reunion with his wife - Absence of evidence regarding alleged schizophrenia in wife does not imply any malicious intent on..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
