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Code of Civil Procedure, 1908; O. 6 R. 17 ----- Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit is the question involved herein ----- Held: In certain situations, for the purpose of complete adjudication of the disputes between the parties an appellate Court may also take into consideration subsequent events after passing of the preliminary decree ----- The Trial Court felt that it had committed a mistake. In such a situation, the court, in our opinion, committed no infirmity in directing rectification of its mistake.

Code of Civil Procedure, 1908; S. 97 ----- Section 97 of the Code of Civil Procedure provides for an appeal against preliminary decree but the said provision, in our opinion, would not be a bar to file an application for amendment of a decree.

Supreme Court observed: where the Court dealing with a matter is satisfied that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following : i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself; ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; iv) the waiting period will only prolong their agony. Amardeep Singh vs Harveen Kaur

Evidence Act, 1872; S. 27 – Confessional statement -- Applicable only if the confessional statement leads to the discovery of some new fact – The material objects which the police is claimed to have recovered from the accused may well have been planted by the police, the bench said -- the settled legal proposition that Section 27 of the Evidence Act is applicable only if the confessional statement leads to the discovery of some new fact while setting aside the conviction in a murder case

Consumer Protection Act, 1986; S. 2(1) (d) ----- Whether land owner who entered into agreement with Developer for development of property is a consumer ------ What is required to be scrutinised whether there is any joint venture agreement between the appellant and the respondent ----- The MOU that was entered into between the parties even remotely does not indicate that it is a joint venture ----- As per MOU the land owner has no say or control over the construction, he does not participate in the business, he is only entitled to a certain constructed area ----- The irresistible conclusion is that the appellant is a consumer under the Act.

Banking Regulation Act, 1949; S. 45ZA –
Banking Companies (Nomination) Rules, 1985; R. 2(1) -- Whether bank can refuse to make payment to nominee -- Nomination made by a depositor/account holder is the eflection of his wish upon identification by him of the recipient of the deposit lying in an account in the event of death of such depositor/account holder and to hold the same in his (recipient’s) custody for being distributed according to the law of succession. Nomination, which is made without any coercion, undue influence or misrepresentation and is accepted by a banking company upon a satisfaction that the nomination does not suffer from any of the vitiating factors and clothes the nominee to receive the amount, ought to be acted upon after the death of the depositor/account holder, for, that would result in honouring his wish -- If at all the nomination is, at a subsequent stage, found to suffer from any technical defect precluding the banking company to act on such nomination, it ought to be the bounden duty of the officials of the bank to get the nomination rectified/altered so as to bring it in conformity with the statutory requirements provided the depositor/account holder is alive. Once the opportunity to get the nomination rectified/altered is lost by the tardy and indolent acts of the officials of the bank, it would not be in the interest of justice to allow the banking officials to refuse to honour the wish expressed by the depositor/account holder.
 

Limitation Act, 1963; S. 27— Limitation Act, 1963; Art. 65 and 66 -- Adverse Possession -- It is a settled principle of law of adverse possession that the person, who claims title over the property on the strength of adverse possession and thereby wants the Court to divest the true owner of his ownership rights over such property, is required to prove his case only against the true owner of the property -- It is equally well-settled that such person must necessarily first admit the ownership of the true owner over the property to the knowledge of the true owner and secondly, the true owner has to be made a party to the suit to enable the Court to decide the plea of adverse possession between the two rival claimants.

Practice and Procedure – Order obtained by fraud – Suppression of execution of two deeds before the Court – Held: Non-production and even non-mentioning of the release deed at the trial is tantamount to playing fraud on the court -- A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation -- If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party – Order so obtained set aside.

Code of Criminal Procedure, 1973; S. 125 – Whether qualified unemployed wife is entitled to get maintenance – Held: well qualified spouses desirous of remaining idle, not making efforts for the purpose of finding out a source of livelihood, have to be discouraged, if the society wants to progress -- Putting extra financial burden on the husband are to be discouraged.

Code of Criminal Procedure, 1973; S. 125 ------ Right to maintenance for a daughter after attaining majority ----- Held: the right of a girl for maintenance from parents after attaining majority till her marriage is recognized under the personal law applicable to the parties, in that case even the major daughter shall be entitled to have maintenance till she gets married ----- it would create inconvenience to the major daughter if she is denied maintenance under section 125 Cr.P.C. as she would be forced to file another petition under subsection 3 of Section 20 of the Hindu Adoptions and Maintenance Act ----- Thus in order to avoid multiplicity of litigation and on a combined reading of section 125 Cr.P.C. and section 20(3) of the Hindu Adoptions and Maintenance Act, the liability of the father of providing maintenance to an unmarried dependent girl extends beyond attainment of majority;

Evidence Act, 1872; S. 74 – Admissibility of certified copy of public document in evidence -- Certified copy of the public document prepared under Section 76 of the Act is admissible in evidence under Section 77 of the said Act -- Certified copy of a public document is admissible in evidence without being proved by calling witness.

Evidence Act, 1872; S. 78 – Presumption to the genuineness of certified copy of decree -- The decree was passed and drafted in the light of the compromise entered into between the parties, viz., the plaintiff and the defendants, the certified copy of such document which was produced before the Court, there is presumption as to the genuineness of such certified copy under Section 78 of the Act.