MSK Publications -MSK Law Reports 2015 – Ready Reckoner

  The principle that in the event of restoration of suit dismissed for default all the interim orders would revive has no application in a case like this because ad interim injunction was never in force as on the date of filing the appeal. - 2015 A.P.(2002) MSKLAWREPORTS In the considered opinion of this Court no error much less grave error occasioning any failure of justice has crept into the impugned order. Be it noted that a civil court, though is competent to pass an ad interim injunction without giving notice duly recording reasons as contemplated under proviso to Rule 3 of Order XXXIX of the Code, by reason of rule 3A of the said Order the civil court is bound to dispose of the application for injunction within 30 days from the date on which injunction was granted and if it is not possible to do so, the civil court shall have to record its reasons for its inability to dispose of the application for injunction within 30 days from the date of grant of ex parte ad interim inj...

The words in Order XII Rule 6 CPC “may” and “make such order…” show that the power under Order XII Rule 6 CPC is discretionary and cannot be claimed as a matter of right. Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would not be appropriate to exercise the discretion under Order XII Rule 6 CPC. The said rule is an enabling provision which confers discretion on the Court in delivering a quick judgment on admission and to the extent of the claim admitted by one of the parties of his opponent’s claim. In the suit for eviction filed by the respondent-landlord, appellant-tenant has admitted the relationship of tenancy and the period of lease agreement; but resisted respondent-plaintiff’s claim by setting up a defence plea of agreement to sale and that he paid an advance of Rs.82.50 lakhs, which of course is stoutly denied by the respondent-landlord....

Where a party to the suit does not appear in the witness box and states his own case on oath and does not offer himself to be cross-examined by the other side, a presumption would arise that the case set up by him is not correct  - 2015 S,C, [1999]MSKLAWREPORTS

merely because a document is a photocopy cannot mean that the same would not be treated as evidence and the same can be exhibited unless there is objection to the exhibition of the document by the opposite party. - 2015 S.C.(2003)MSKLAWREPORTS

Sec.25 of Hindu Marriage Act = even after a decree of divorce, permanent alimony can be granted to the spouse who has applied for it unless the conduct of the spouse is abominable; and that mere desertion of the spouse would not amount to abominable conduct. It is only if the conduct of the petitioner is abominable, would this Court be required to consider whether, and to what extent, such conduct would have an effect on the grant of permanent alimony. The word abominable means odious, offensive. The conduct of both the parties before, during the pendency of proceedings, and after filing the present petition is relevant. The material on record does show that the petitioner has made serious allegations against her husband. She filed a criminal case against him for the offence punishable under Section 498-A I.P.C. She also threatened to commit suicide. While her conduct is not beyond reproach, is it such as to disentitle her from being granted permanent alimony? -2015 A.P.(1977) MSKLAW...

summary trial proceedings and what had the appellant pleaded to as guilty, whether to the allegations in the FIR or to the provision of the IPC or any other particular? Mere payment of fine of Rs.20/- does not go to show that the conviction was validly and legally recorded. Assuming that the conviction is not open to challenge at the present juncture, we cannot but deprecate the action of the respondents in having proceeded to adversely certify the character and antecedents of the appellant on the basis of the conviction per se, opining to have involved moral turpitude, without satisfying the tests laid down in the policy decision of the government. We are rather unhappy to note that all the three courts below, even when invited to judge the matter in the said perspective, went on to hold that the act/s involved in conviction under section 294 IPC per se established moral turpitude. They should have been sensitive to the changing perspectives and concepts of morality to appreciate th...

Suit for partition  -questioning the validity and binding nature of sale deed without asking for cancellation . Partition suit without prayer for cancellation of sale deed is maintainable and the question of limitation of 3 years not applies from the date of alienation As the plaintiff is not eo nomine a party to the sale-deed, it is not necessary for him to pray for cancellation of the sale-deed and it is open for him to question the validity and binding nature of the sale-deed that the lower Court erred in holding that the suit filed for partition without a prayer for cancellation of the sale-deed is not maintainable and that the suit is also barred by limitation inasmuch as it was not filed within three years from the date of the alienation. I find force in this submission. As the plaintiff is not eo nomine a party to the sale-deed, it is not necessary for him to pray for cancellation of the sale-deed and it is open for him to question the validity and binding nature of th...