Protection of Women From Domestic Violence Act, 2005, Section 25(5), Criminal Procedure Code, 1973, Section 127 -- Expression `change in circumstances' under both the provisions i.e under Cr.P.C and under PWDV Act are used in connection with alteration of an order of maintenance...........
Civil Procedure Code, 1908, Order 38, Rule 11B -- Attachment before judgment - Non communication of order to Sub Registry, which is mandatory for effecting attachment - There is thus, non-compliance of mandatory provision of O.38.R.11-B CPC, which save the alienation made after attachment...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Civil Procedure Code, 1908, Section 47 -- Arbitration award - Execution - Relief of eviction and compensation not granted - D.H. did not challenge the award - In absence of any challenge to award at the instance of DH, such lacunae cannot be patched up by introducing prayers by way of execution, which were not granted in award itself - Executing Court exceeded its..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Judgment passed in second appeal - Petitioner failed to satisfy as to which of plea urged by them in course of hearing of second appeal was vitiated by error apparent on face of record or which fact or document was later on discovered, which despite due diligence could not be produced at the time when..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Issues raised in application could be answered only after trial of case - Such issues cannot be pre-judged merely by looking into the plaint - From the averments in plaint read in its entirely, it cannot be said that plaint do not reveal a cause of action - Order rejecting plaint set..........
Criminal Procedure Code, 1973, Section 125, 125(5), 127, 482 -- Enhancement of maintenance to children - Application by husband for placing on record DNA report indicating that he is not biological father of children - Husband is relying upon DNA report to set aside impugned order of enhancement of maintenance to children, which was never placed before Courts below - He..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 9 -- Legal representatives - Substitution of L.R's without proposed legal representative being properly served and without affording them an opportunity of being heard - Impugned order set aside...........
Civil Procedure Code, 1908, Order 15A -- Non-payment of arrears of rent - Striking off defence - Defendant contended that plaintiff did not receive the amounts - However, if it was really true, nothing prevented defendant for making deposit of amount of Rs.2,88,000 in Court itself and then informing counsel for plaintiff of the same - No evidence on record of payments of..........
