We can find this answer in Rambadan Rai and others vs. Paltan Paswan and other,(AIR 1977 Pat 1), the Patana High Court held that, If a minor is a party to the suit and is not represented properly in the suit. Then the ex parte decree, which is passed against a minor, is not bound […]
Category: Judgments
Is the compromise decree valid if all necessary parties have not signed on the compromise petition?
The decree passed on terms of compromise valid whether all necessary parties not signed in the compromise petition? In the case of Awadhesh Prasad Sharma vs. Prahlad Prasad Sharma and Ors (AIR 2014 PATNA 239), The Patana High Court held that a compromise was made between the parties to the suit could be covered under […]
Whether the decree passed based on compromise, it called the court’s decision?
Whether the decree passed based on compromise, it called the court’s decision? The supreme court dealt with the question in Pulavarthi Venkata Subba Rao Vs Valluri Jagannadha Rao,(A.I.R. S.C. 591), and observed that a decree passed on the basis of compromise could not be called a decision by the court. In terms of compromise decree, […]
If husband and wife lived separately by mutual consent, then the wife is not entitled to claim maintenance u/s,125(4) of CrPC
If husband and wife lived separately by mutual consent, then the wife is not entitled to claim maintenance u/s,125(4) of CrPC Criminal Procedure Code, Section 125 In the case of Amarendra Nath Bagui vs. Smt. Gouri Rani Bagui and another, (1990 CRI. L. J. 2415), The Calcutta High Court entertained the revision petition filed by […]
Cross-examination is a defendant’s right; refusal by the court is grave prejudice to his defense.
Recall of witness – Cross-examination is a defendant’s right; refusal by the court is grave prejudice to his defense. Civil Procedure Code,1908, Order 18, Rule 17 In the case of M/s. Foodworld Super Markets Ltd. and Anr vs. H. Sujan Singh and Ors( AIR 2009 SC (Supp) 2249), The supreme Court Rightly observed that, Cross-examination […]