Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Parties cannot lead evidence without support of plea...........
Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty by husband - Husband demanded dowry from his in-laws which were met for most of the time as wife belonged to a affluent family - Husband did not take care of wife and she lost the child after full term pregnancy - Later, husband and his family members did not see the child born from her second pregnancy - Plea..........
Practice and procedure -- Citing decisions - While citing decisions in all petitions, affidavits, memorandum of appeal and other proceedings, names of parties should also be given, along with citation...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Judgment, sentence or orders passed by Special Court under provisions of SC/ST Act are all appealable and appeal shall lie before High Court both for facts as well as law...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Appeal u/s 14-A is maintainable against orders passed by Special Court except against interlocutory orders...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Appeal - Order taking cognizance and issuing summons to accused is not clearly an interlocutory order but an intermediate order - Said order is thus, appealable u/s 14-A(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appeal against conviction - In an appeal preferred by accused person sentence cannot be enhanced...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First Appeal - High Court while deciding first appeal committed serious error in neither forming points for determination nor considering evidence on record, in particular which had been relied upon by trial Court - Impugned judgment of High Court is unsustainable and thus, set aside...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- Judgment of First Appellate Court - Non-consideration of evidence on record - Partition suit - High Court while deciding first appeal not considered the evidence on record - Suit was instituted in the year 1991, more than 3 decades ago - Evidence discussed by trial Court neither disputed nor demolished by..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction order - Non-payment of arrears of rent - Tenant directed to pay arrears of rent on or before next date of hearing but tenant instead of doing needful in terms of order himself chose to file appeal before appellate authority wherein, admittedly no stay ever came to be granted against said order - No..........