Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and unstamped agreement - No sale of property was effected by agreement in question - It is only a memorandum which states prior settlement between parties - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Evidence need not always be led by the party who has the right to begin and on whom lies the burden of proof - It is open to him to sustain the onus by facts which he may elicit in cross examination of other party or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where the defendant admits the facts alleged by plaintiff but contends that plaintiff is not entitled to any part of relief which he seeks, it is the defendant who gets the right to begin...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - O.18 CPC in terms speaks of `hearing' of a suit and not the trial of suit...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where Court finds that defendant's plea strikes of the root of case, there would be no hitch in asking him/her to prove such plea first which can lead to disposal of the case...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - There is no impediment for Court to call upon either party to lead evidence first, depending upon the facts and circumstances of the case and the nature of the issues framed - Neither party can insist that the other one should be asked to lead it first - It all depends upon what the Court deems proper in the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of public Trust as party - Where application filed by petitioner for registration of Public Trust was allowed and same is challenged in appeal, Public Trust is a necessary and proper party for adjudication of appeal - Application allowed...........
