Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Section 115, Order 2, Rule 2, Constitution of India, 1950, Article 227 -- Counter claim - Revision - An order of dismissal of counter-claim being barred by principles of O.2.R.2 CPC cannot be set aside in exercise of revisional jurisdiction u/s 115 CPC or in exercise of power of superintendence under..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sexual intercourse by the other spouse for a long time without sufficient reason - Amounts to cruelty - In instant case, marriage not consummated despite efforts of husband - It amounts to mental cruelty - Divorce granted to husband with direction to pay Rs.40 lakhs as one time permanent..........
Advocates Act, 1961, Section 2(d), 3, 35 -- Professional misconduct - Allegations of misconduct of violating terms and conditions of his appointment as Notary - Status of person as an advocate is sine qua non to be recognized as Notary - Misusing blank stamp papers with attestation by affixing his signature as well as rubber stamp impressions is very serious conduct..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and permanent injunction - By way of proposed amendment plaintiffs want to withdraw the admission already made in plaint and to introduce new facts regarding joint possession - From the inception plaintiffs have described that defendant No.1 is the adopted son of original owners -..........
Civil Procedure Code, 1908, Section 151 -- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial Court is not sure which party is in..........
Evidence Act, 1872, Section 3 -- Criminal Trial - Injured witness - Evidence of injured witness, being stamped witness, is accorded a special status in law - This is as consequence of fact that injury to witness is an in built guarantee of his presence at the scene of crime and because witness would not want to let actual assailant go unpunished...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - If an order for maintaining status quo was passed a receiver can still be appointed where prima facie fraud played to gain possession of property emerges...........
Statute -- Prospective statue, retrospective statute and retroactive statute - Difference - A prospective statute operates forwards from the date of its enactment conferring new rights on parties without reference to any anterior event, status or characteristic - Retrospective statute, operates backwards, attaches new consequences, though for the future, but to an event..........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Object of S.145 Cr.P.C is to prevent breach of peace and for that end to provide speedy remedy by bringing the contesting parties before Court to ascertain who of them was in actual possession and also to maintain status quo until their rights are finally determined by a competent Court - This preliminary..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Mental cruelty - Mental cruelty and its effect cannot be stated with arithmetical exactitude - It varies from individual to individual, from society to society and also depends on the status of the persons - What would be a mental cruelty in the life of two individuals belonging to particular strata of the society may not..........
