Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to establish that said amount..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application to condone delay - Appeal stands dismissed - An appeal presented beyond time is an appeal in the eyes of law for all purposes and an order dismissing appeal on whatever ground is a decree that can be..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5, Constitution of India, 1950, Article 227 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application - No order passed that appeal also stands dismissed - Writ petition against order dismissing delay condonation application - Held, writ petition is not..........
Hindu Marriage Act, 1955, Section 5, Evidence Act, 1872, Section 114 -- Presumption of marriage - May arise even on proof of prolonged cohabitation...........
Hindu Marriage Act, 1955, Section 11, 12, 5(3) -- Void marriage - Minor wife - Breach of condition u/s 5(3) of the Act requiring bridegroom to be 21 years of age and bride to be 18 years of age at the time of marriage - Does not render the marriage void or voidable u/ss 11, 12 of the Act - Rejection of divorce petition on the ground that marriage involving a child being..........
Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, Section 5 -- Application of scheme framed under the Act - Dispute thereof - As per S.5 of the Act, it is open to appellant to raise all disputes to Government and the Government shall address the same - Directions issued...........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 20, Rule 5 -- Remand of case - Order of remand cannot be made on ground that judgment did not discuss the evidence with reference to several issues and that it contravened the provision of O.20.R.5 of the Code...........
Hindu Marriage Act, 1955, Section 5 -- Dissolution of marriage - Marriage solemnized between parties as per Christian Marriage Act, thus, it cannot be dissolved as per S.5 of Hindu Marriage Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 765 days in filing appeal - Husband filed application for modification of award of maintenance order and same was allowed - Wife did not take any steps for preferring appeal for long one year - No explanation whatsoever given by wife for such delay - Wife failed to furnish sufficient cause - Application..........
