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Maintenance - Husband getting monthly salary of Rs.30,000 p.m - Awarding of maintenance @ Rs.15,000 p.m is excessive and same reduced to Rs.9500 p.m with annual increment of 5%. (2026(1) Civil Court Cases 053 (Patna)
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Recall of order passed with consent of both the parties - Order cannot be interfered. (2026(1) Civil Court Cases 022 (Rajasthan)
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Civil Court Cases - Buy one volumes at our recommendation - Read it for seven days - If not approved then return it and get back your money - If you approve then purchase back volumes as per your requirement. For further details, contact us : 7814266184
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Maintenance - Husband getting monthly salary of Rs.30,000 p.m - Awarding of maintenance @ Rs.15,000 p.m is excessive and same reduced to Rs.9500 p.m with annual increment of 5%. (2026(1) Civil Court Cases 053 (Patna)
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Civil Court Cases - 2026(1) bound volume is now available. Price 1400. Payable price 1200. Delivery charges NIL. Cash on delivery not available. Gpay/Phonepe etc. to 7814266184
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Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal. (2026(1) Civil Court Cases 089 (Allahabad)
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Maintenance - Framing points for determination is mandatory - Order of maintenance to contain the point or points for determination, decision thereon and reasons for the decision. (2026(1) Civil Court Cases 172 (Allahabad)
Our head notes will attract you.
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Specific performance - Relief refused - Plaintiff inducted only because of agreement to sell - Plaintiff cannot have any right to resist possession and should not have obstructed or resisted delivery of possession. (2026(1) Civil Court Cases 123 (S.C.)
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Dishonour of cheque - Conviction cannot be termed as an offence involving moral turpitude. (2026(1) Civil Court Cases 092 (Madras)
Selection of judgements for reporting, head notes, regularity are the key features of CCC.
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Execution - Auction sale without notice to judgment debtor is a nullity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof. (2026(1) Civil Court Cases 239 (S.C.)
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Electronic evidence - CDs - Device used for capturing content of CDs not mentioned and produced - Certificate u/s 65-B of the Act is not from person who is custodian of device from which the content of CD copied - Electronic documents rightly not taken into consideration. (2026(1) Civil Court Cases 107 (Madras)
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Divorce - Mere fact that parties are living separately, marriage should not be taken to have broken irretrievably - It is imperative for Family Court or High Court to determine as to who out of two is responsible for breaking the marital tie and forcing other to live separately. (2026(1) Civil Court Cases 130 (S.C.)
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Agreement to sell - Vendee not signed the agreement, despite being present - Though the same cannot be held against him, however, said fact coupled with other circumstances does cast a shadow of doubt on the agreement to sell. (2026(1) Civil Court Cases 209 (P&H
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Execution - Decree for possession - Property easily identifiable - Dismissal of application for demarcation calls for no interference. (2026(1) Civil Court Cases 006 (P&H)
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Dismissal in default of application U.O.9.R.13 CPC - Appeal thereagainst not maintainable - Proper remedy available is to file an application U.O.9.R.4 CPC for restoration of application U.O.9.R.13 CPC. (2026(1) Civil Court Cases 128 (M.P.)
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Agreement to sell - Unregistered - Suit for specific performance of an unregistered agreement of sale is maintainable - Order of status quo in respect of title and possession till disposal of suit - Order upheld. (2026(1) Civil Court Cases 042 (Gujarat)
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IMPORTANT DECISIONS
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Anticipatory bail/bail - Whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other. (Lawmirror.com File Number 88319 (S.C.)
Consideration - Need not always be in a monetary terms - It can be in other forms as well. (Lawmirror.com File Number 86571 (S.C.)
Doctrine of merger - Doctrine applies irrespective of whether appellate Court has affirmed, modified or reversed the decree of trial Court. (Lawmirror.com File Number 89212 (S.C.)
Outraging modesty of woman - It is quite natural for two persons in the teenage who are having a love affair to hug or kiss each other - Same cannot constitute an offence u/s 354-A(1)(i) IPC. (Lawmirror.com File Number 88426 (Madras)
Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed. (Lawmirror.com File Number 87076 (S.C.)
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IMPORTANT DECISIONS
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Bail bonds - Bail/surety bonds are executed to ensure the presence of accused whenever required by Court and not as a guarantee for the fine amount or amount sought to be realised. (Lawmirror.com File Number 88815 (Kerala)
Contraband - Search option given by using the words
Any Gazetted Officer' instead of using the words Nearest Gazetted Officer' - Reasoning that use of word any' does not satisfy the mandate of nearest' is not correct. (Lawmirror.com File Number 87230 (S.C.)
Ex parte decree - Setting aside - There is no need to file a separate application for condonation of delay. (Lawmirror.com File Number 88161 (S.C.)
Proclamation - When the period between issuance and publication of proclamation and specified date of hearing is less than 30 days, proclamation has to be issued and published again. (Lawmirror.com File Number 85722 (P&H)
Summoning of additional accused - Summoning on depositions of PWS1 and PW2 - Credibility of PW1 and PW2 cannot be gone into at this stage, as these are the issues that would be determined during trial - Application allowed. (Lawmirror.com File Number 88946 (S.C.)
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