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Set Aside Order of Interim Maintenance by HighCourt
The Madras High Court has recently set aside an order of a Family Court asking a husband to pay Rs. 30,000 per month as interim maintenance to his wife till the pendency of a divorce petition filed by him. Justice PB Balaji noted that the object of awarding interim maintenance, under Section 24 of the…
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Section 372 CrPC Victim Appeal- Supreme Court
The Supreme Court has held that when a victim dies during the pendency of an appeal against an accused’s acquittal, the victim’s legal heirs can step in as substitutes to prosecute the appeal originally filed by the deceased victim. The Court said that the right to appeal of a victim under the proviso to Section…
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Additional Evidence Order 41 Rule 27- Supreme Court
The Supreme Court ruled that additional evidence cannot be introduced at the appellate stage under Order XLI Rule 27 CPC if it is inconsistent with the pleadings. The Court emphasized that appellate courts must first examine the pleadings before allowing such evidence, as evidence unrelated to the pleadings serves no purpose, rendering them inadmissible. “In…
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Order 41 Rule 27 decision at Final Hearing of Appeal
In the background of conflicting orders of Supreme Court, Rajasthan High Court held that an application under Order 41 Rule 27 CPC for taking additional evidence on record at an appellate stage, even if filed during the pendency of appeal had to be heard at the time of final hearing of appeal. Justice Anoop Kumar…




