Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application for amendment was filed after some of witnesses on behalf of plaintiff had been examined - Plaintiffs have miserably failed to satisfy Court as to why they were unable to seek proposed amendments before commencement of trial - Said facts were already in knowledge of plaintiffs at the time of..........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of surety - Applicant a foreign national has not been able to obtain surety and she does not know anyone in this country, who can discharge obligation of surety - It would be negation of principle of rule of law and violative of constitutional mandate and principles of human rights in case..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Couple having two daughters aged 12 and 8 years - Wife is residing with parents and thus not much of a cause for the wife unable to look after the children...........
Divorce Act, 1869, Section 10 -- Divorce - Non-consummation of marriage - Petition by husband - Both the parties have made reciprocal accusation for non-consummation of marriage - Factum of non-consummation of marriage between parties is corroborated by medical reports of wife - Parties are unable to consummate marriage due to practical impossibility to perform sexual act..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance - Senior citizen including a parent who is unable to maintain himself from his own earning or out of property owned by him alone is entitled to maintain an application u/s 5 of the Act...........
Stamp Act, 1899, Section 18, 3 -- Validation of GPA - Limitation period - GPA presented for validation after expiry of time given in S.18 of the Act - Document was executed at Canada was not stamped with Indian non-judicial stamp - Petitioner was unable to produce documents within prescribed time due to Government imposed lockdown during COVID-19 pandemic - However, in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mother of counsel for the plaintiff passed away due to illness and he also met with an accident and therefore he was unable to attend Court proceedings - Lenient approach should be adopted taking into submissions made by parties - One more opportunity is thus, granted to..........
Criminal Procedure Code, 1973, Section 125, Indian Penal Code, 1860, Section 191, 193 -- Maintenance - False evidence - Wife filed petition for maintenance stating that she has no source of income or property and is unable to support herself - In fact wife was employed - Wife stating that when she instructed her counsel to file petition for maintenance she was unemployed -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Wife is unable to maintain herself and husband had turned her wife on account of non-fulfillment of dowry demands - She is simple house wife having no independent earning - It is incumbent upon husband to provide financial succor to wife - Maintenance @ Rs.3000/- to wife and Rs.2000/- to son from..........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
