Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to divorced wife - Adultery - Once the decree for divorce is granted on the ground of adultery, such finding is relevant for deciding the issue of adultery in the proceedings u/s 125 Cr.P.C...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
Hindu Law -- Ancestral property - Ancestral character of a property has to be proved by leading cogent evidence and said issue cannot be decided on basis of presumptions...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration along with consequential relief of injunction - Once date of knowledge is specifically pleaded and forms basis of cause of action, issue of limitation cannot be decided summarily - It becomes a mixed question of law and fact, which cannot be adjudicated at the..........
Indian Penal Code, 1860, Section 34, 149 -- When multiple accused share common intention/common object to commit a crime, it is irrelevant to determine the exact role played by each of them in the assault...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Civil Procedure Code, 1908, Order 16, Rule 2 -- Summoning of a witness not named in list of witnesses - Court can allow a party to produce a witness though not named in list of witnesses - Order rejecting application set aside - Trial Court directed to issue summons to proposed witness to record his evidence...........
