Divorce - If a spouse abuses the other as being born from a prostitute, this cannot be termed as `wear and tear' of family life as it amounts to cruelty and a ground for divorce. (2015(3) Civil Court Cases 104 (S.C.)
Divorce - Re-conciliation - It is duty of family Court to make endeavour for reconciliation - However, failure to make such endeavour will not ipso facto vitiate a decree. (2015(3) Civil Court Cases 192 (Patna)
Divorce by mutual consent - Wife residing abroad, represented through special power of Attorney, her mother - Wife filed affidavit confirming contents of petition - No suspicious circumstances in affidavit - Personal attendance not required - Divorce granted. (2015(3) Civil Court Cases 853 (A.P.)
Documents not produced alongwith written statement can be allowed to be produced at a later stage when those documents are necessary for adjudication of rival claims of parties. (2015(3) Civil Court Cases 429 (P&H)
Domestic Violence - Interim order - A relief which could be granted at the final stage cannot normally be granted as an interim measure. (2015(3) Civil Court Cases 548 (Kerala) (DB)
Domestic Violence - Law is being used to terrorize husband, his family and distant relatives and this phenomenon has now acquired the name of `Legal Terrorism' and rightly so given the extent of its misuse, particularly against distant relatives of husband. (2015(3) Civil Court Cases 268 (P&H)
Domestic Violence - Protection order - Violation - Anticipatory bail - Passing a general or vague order result in unfortunate consequences - Anticipatory bail granted. (2015(3) Civil Court Cases 840 (Kerala)
Electricity - Claim for surcharge - Demand of surcharge beyond period of three years is barred by law of limitation - However, claim of surcharge within period of three years of its claim is not barred. (2015(3) Civil Court Cases 315 (Gauhati)
Enhancement of maintenance - Can be either from date of application for from date of order. (2015(3) Civil Court Cases 863 (Rajasthan)
Ex parte ad interim injunction - Restraining interfering with lawful construction - Not such a exigency that ex parte injunction without issuing notice to the opposite party can be granted. (2015(3) Civil Court Cases 380 (A.P.) (DB)
Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while setting aside ex parte decree or condoning delay. (2015(3) Civil Court Cases 142 (S.C.)
Ex parte decree - Setting aside - Advocate had gone to Bihar to attend to his ailing brother - Lack of proper details and supporting evidence - Application dismissed. (2015(3) Civil Court Cases 323 (Delhi) (DB)
Ex parte injunction order - Violation - It is always in the larger interest of parties to the Lis to get the main case decided first on its merits as far as possible rather than to pursue their off-shoot proceedings. (2015(3) Civil Court Cases 598 (S.C.)
Extension of time - Can only be when period for doing an act is fixed or granted by Court and not when period is fixed by a provision of CPC or by any other law. (2015(3) Civil Court Cases 659 (J&K)
Extension of time - Earlier remedy sought in Consumer Forum which did not lack jurisdiction - As remedy sought earlier was not in a wrong forum as such S.14 of Limitation Act is not applicable. (2015(3) Civil Court Cases 460 (P&H)
Guardian - Appointment - An unwed mother can be appointed as guardian of minor child without issuing notice to putative father. (2015(3) Civil Court Cases 698 (S.C.)
Hire purchase agreement - By itself does not amount to sale of property - An agreement of hire purchase cannot be said to be a sale deed. (2015(3) Civil Court Cases 515 (Allahabad)
Insufficiently stamped document - Both original and secondary evidence excluded - No other evidence to prove terms of instrument is also excluded u/s 91 Evidence Act. (2015(3) Civil Court Cases 014 (All.)
Interest - Agreed to be paid 2% per month - Exorbitant - Interested reduced to 9% p.a. (2015(3) Civil Court Cases 798 (Rajasthan)
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ŠJudgment or order obtained by fraud - Court can recall its own order. (2015(3) Civil Court Cases 438 (Bombay)
Jurisdiction - Corporation/Company can be sued at a place having its sole or principal office and where cause of action wholly or in part, arises at place where it has also a subordinate office at such place. (2015(3) Civil Court Cases 678 (S.C.)
Malicious prosecution - An innocent person harassed by police through unjustified incarceration and prosecution, must be compensated. (2015(3) Civil Court Cases 755 (P&H)
Marriage - Marriages performed in secrecy in office of Advocates and Bar Association Rooms, does not amount to solemnization of marriage within meaning of Ss.7 & 7-A of H.M. Act. (2015(3) Civil Court Cases 213 (Madras)
Medical negligence - Compensation - Newly born baby became blind due to gross negligence of Doctors - Compensation of Rs.1.80 crores granted by indicating apportionment of liability in between the State and doctors. (2015(3) Civil Court Cases 557 (S.C.)
Medical negligence - Compensation cannot be calculated by using the multiplier method. (2015(3) Civil Court Cases 557 (S.C.)
Mutation entries do not convey or extinguish any title. (2015(3) Civil Court Cases 278 (S.C.)
Non-production of documents, relied upon, with plaint - Such lapse is curable upon obtaining leave of Court. (2015(3) Civil Court Cases 318 (A.P.)
Notice - Sent by registered post received back with postal endorsement of `refusal' - There is presumption of service of notice unless rebutted - When sendee/addressee denies service of registered letter then onus to produce postman is on him. (2015(3) Civil Court Cases 297 (Allahabad)
Notice u/s 106 TPA - Service of summons in the suit can be held as notice u/s 106 of the Act for terminating tenancy. (2015(3) Civil Court Cases 275 (Delhi)
Part performance - In pursuance of a contract to transfer for consideration, in writing, which though required to be registered, has not been registered, the transferee has no right to remain in possession of the property. (2015(3) Civil Court Cases 399 (Kerala) (DB)
Part performance - Possession - Protected only when possession is delivered under a written agreement to sell and not when possession is delivered under an oral agreement to sell. (2015(3) Civil Court Cases 275 (Delhi)
Party as a witness - Can appear after examination of its witnesses - Subject to the condition that party seeks permission of Court. (2015(3) Civil Court Cases 470 (H.P.)
Party as a witness - Prior permission is required to be taken in case party is to be examined after examination of other witnesses - Even if prior permission of Court is not taken before commencement of trial, it shall be sought at least before the party is examined - Such permission can only be granted by setting out reasons in writing - Breach of the rule be viewed seriously and may result in eschewing the evidence of the parties, if no permission is taken to examine the party after examination of witnesses - This direction will apply in all future cases. (P&H) 495
Pleadings - Amendment - A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure - Court always gives relief to amend the pleading of the party, unless it is satisfied that party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of cost. (2015(3) Civil Court Cases 332 (S.C.)
Production and marking of documents - Law as to - Analysed - In order to avoid delay in the trial of suit, Court can tentatively mark a document and examine its admissibility and objection raised to it along with pronouncement of judgment. (2015(3) Civil Court Cases 337 (A.P.)
Registration - Power to question right or ownership over the property is beyond the scope of enquiry contemplated under Registration Act - Competency to present a document alone can be disputed - Power to question competency cannot be equated with power to
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