Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19(1), 20, 22, 23 -- Complaint against husband, parents and sister of husband - Complainant not residing with parents and sister of husband since 2004 - Complaint filed in the year 2010 - Held, complaint against parents and sister of husband is sheer abuse of process of law - Complaint quashed against..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19(1), 20, 22, 23 -- Complaint against husband, parents and sister of husband - Complainant not residing with parents and sister of husband since 2004 - Complaint filed in the year 2010 - Complaint that when she was pregnant she was subjected to sex determination test in the year 2001 - Held, qua the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Even in the absence of `formal defect' for the suit, if there are "sufficient grounds" it is within the power of the Court to allow withdrawal of suit with permission to file a fresh suit - `Sufficient grounds' need not be similar to a "formal..........
Civil Procedure Code, 1908, Order 41, Rule 23, Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Trial Court, notwithstanding the remand order continues to possess (except as circumscribed by the remand order, in the matter of enquiry into the issues) all the powers conferred on it by the Code...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for fresh decision - Trial court has power to allow withdrawal of suit with permission to file fresh suit on the same cause of action...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 23(1)(b) -- Divorce - Cruelty by wife - Condonation - Child born after two months of filing of divorce petition - No instances of cruelty subsequent to the birth of child or in any case after wife conceived - Held, wife though guilty of cruelty but husband condoned it - Petition for grant of divorce, dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 41, Rule 23 -- Decision on all issues - Duty of Court below - Held, all courts whose orders are not final and appealable should decide the lis before it on all issues as may be raised by the parties though in its comprehension the same can be decided on a single or any given issue without going..........
Hindu Succession Act, 1956, Section 23(Omitted - - Dwelling house of Hindu intestate - Right of a married daughter in view of the restriction for partition of dwelling house - When third person is residing in such a house it loses its character as a dwelling house and thus property can be subjected to partition and can be demanded by a female heir from a sole male heir...........
Land Acquisition Act, 1894, Section 23(1A), 23(2), Civil Procedure Code, 1908, Section 151, 152 -- Land acquisition - Compensation - Award became final - Cannot be amended or altered seeking enhancement of statutory benefits under the amended provisions brought in by the Amendment Act in the Land Acquisition Act by filing petitions u/ss 151 and 152 CPC...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, 43 -- Maintenance - Ex parte interim maintenance - Appeal and not revision against the order is maintainable...........
