#financial capacity

Allahabad HC rules that a plaintiff seeking specific performance must demonstrate uninterrupted readiness and willingness to perform contractual obligations from the agreement date until decree execution. The court emphasized financial capacity and consistent conduct as critical evidence, setting a precedent for property disputes under the Specific Relief Act.

The Madhya Pradesh High Court ruled that an accused can rebut the presumption of financial capacity under Section 138 of the Negotiable Instruments Act only if the challenge is raised in the statutory notice or during trial. Documentary evidence, such as bank statements, will be admissible solely if this procedural requirement is met, impacting defence strategies in cheque bounce cases.

Rajasthan High Court rules that permanent alimony under Section 25 of the Hindu Marriage Act must reflect the husband's stable government income and the wife's lack of residential security. The Court enhanced the alimony from ₹25 lakhs to ₹40 lakhs, setting a precedent for equitable spousal maintenance calculations in similar cases.

Madhya Pradesh High Court holds that maintenance under Section 127 Cr.P.C. must reflect the husband's improved financial position, including compensation from land acquisition, to ensure wife's dignified standard of living.

Chhattisgarh High Court clarifies that maintenance under Section 125 CrPC may not be reduced solely on grounds of adultery or voluntary desertion without considering financial capacity and needs.

Andhra Pradesh High Court reduces stay deposit from 50% to ₹2 lakh in civil appeal, holding that financial capacity must inform conditioning of execution stays.

Chhattisgarh High Court upholds maintenance order under Section 125 CrPC, emphasizing that wife's right to maintenance is not negated by her income or marital disputes unless she is voluntarily destitute.