Suppression of material and relevant facts -- Writ petition - Petitioner not only is guilty of suppression of material and relevant facts but has failed to disclose all facts relating to litigation qua the subject property and orders passed therein at different stages - Single Judge of Writ Court dismissed the writ petition on the solitary ground of suppression of..........
Hindu Marriage Act, 1955, Section 26 -- Interim custody of child - Permission to take child abroad - Petition by mother - Father and mother of child are in abroad - Child is in de facto custody of parents of mother - Mother claims that she can provide all amenities for proper stay, education and upbringing of child in UK - Request of mother to issue Sole Legal..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Issuance of warrants - Warrant of possession was issued 11 years after passing of decree - JD did not opt to file any objection/reply to petition for execution of decree - Argument raised by JD that issuance of warrant of possession was without providing opportunity of being heard to JD is..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife neither filed rebuttal of averments made in the petition u/s 13 of the Act nor any evidence tendered - Husband also not subjected to cross examination - Family Court rightly concluded that wife deserted husband - Divorce rightly granted to husband...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Absence of specific denial of fact - Statement in a subsequent affidavit by itself would not amount to withdrawal of admission in original petition which is the pleading in the case...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Levelling of allegations and accusations by husband against wife in newspaper, itself has an effect of lowering her reputation in the eyes of her peers and colleagues - Whether the actual news is defamatory or not is irrelevant for present purpose - Decree of divorce is proper...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Criminal Procedure Code, 1973, Section 327, 482 -- Proceedings in camera - Recall of order directing in-camera trial - Unless applicant is able to show that prejudice is caused on account of order directing in-camera proceedings to be held, Court ought not to exercise the inherent jurisdiction to interfere with satisfaction exercised by trial Judge - Petition dismissed...........
Money suit -- Writ petition for recovery of money due and payable under the bills/invoices - Earlier to that civil suit filed which was dismissed in default and restoration application was filed - Before that writ petition filed and same was allowed - Writ petition for recovery of money under the bills/invoices is not maintainable particularly when writ petitioner availed..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties and witnesses as well as language spoken by them are also relevant factors when deciding a transfer petition...........
