Family Courts Act, 1984, Section 10(3) -- Video Conferencing - S.10(3) of Act enables Family Court to lay down its own procedure with view to arrive at settlement in respect of subject-matter of suit or proceedings - Far from embodying specific bar or prohibition to use of Video Conferencing, S.10(3) of Act gives Family Court ample powers to use video conferencing in..........
Family Courts Act, 1984, Section 7, 8, 9, 10, 11, Hindu Marriage Act, 1955, Section 22, 19, 23(2), Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Recording of evidence through video conferencing - Video Conferencing cannot be excluded from any stage of proceeding before Family Court - Whether it should be adopted in a particular case must..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where appellant failed to point out any patent illegality or perversity in either of impugned judgments passed by Courts below and also does not refer any question of law much less substantial question of law, which is sine qua non for entertaining second appeal, appeal is misconceived, bereft of merit and without..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in itself is not fatal to prosecution case - Delay puts Courts on caution to scrutinize the evidence available on file with greater care and caution...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Object of S.10 CPC, is to avoid conflict of judicial decisions by preventing Courts of concurrent jurisdiction from simultaneously adjudicating upon two or more parallel suits in which matter in issue is substantially the same...........
Civil Procedure Code, 1908, Section 10, 11 -- Stay of subsequent suit - Res judicata - All invoices i.e octroi invoices and STIs raised by plaintiff in present suit are also in issue in earlier suit - Issues in earlier suit and in present suit are directly or substantially the same - If both suits are permitted to proceed, there will be two parallel trials on same issue by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Dismissal of application - Delay of 399 days - Defendant not justified in throwing blame upon his counsels specially when all orders and proceedings of Courts are regularly uploaded on web site of District Court and any ordinary person can easily find out about the status of the case -..........
Criminal Procedure Code, 1973, Section 482, Punjab Civil and Criminal Courts, Preparation and Supply of Copies of Records Rules, 1965, Rule 3 -- Supply of certified and uncertified copies of documents by Juvenile Justice Board - Petitioner facing trial in Court of Sessions and co-accused, a juvenile, facing trial in Juvenile Justice Board - Offence pertaining to same FIR -..........
