Protection of Women from Domestic Violence Act, 2005, Section 2(q), 12 -- Female relatives of husband - Can be arrayed as respondent - Definition of respondent as defined in Section 2(q) of the act includes a female relative of the husband or the male partner - Women can be added as a respondent in an application under Section 12 of the act...........
Family Courts Act, 1984, Section 10(1), Civil Procedure Code, 1908, Order 39, Rule 2-A -- Family court can resort to O.39.R.2A in a case of breach of its order as it is a civil court - It has inherent power under Section 151 CPC to pass order to effectuate its own order...........
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A -- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Prima facie case - Does imply existence of an arguable case - It also means that there must be some material which on the face of it tends to show that triable issues are involved...........
Prevention of Food Adulteration Act, 1954, Section 2, 7(2)(2)(5), 11(1)(a) -- Prevention of Food Adulteration Rules, 1955, Rule 14, Criminal Procedure Code, 1973, S.378 - Sale of adulterated chilly powder - Accused acquitted - Prosecution not followed mandatory provisions during the sealing and seizing the sample - Prosecution failed to prove its case beyond reasonable..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Deficiency in service - Unfair practice - Compensation - Law journal - Published weekly - The number of issue in a year would come to 52 - Stand of the OP that there is no publication of issues in summer vacations and winter vacations of Supreme Court - Even taken as version of OP to be correct then also..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 17 -- Question of right to residence of divorced woman in shared household - Held, S.2(f) of Act which defines "aggrieved person" postulates woman who is or "has been" in domestic relationship - Words "has been" clearly indicates that woman includes divorced woman...........
Prohibition of Child Marriage Act, 2006, Section 12, Muslim Personal Law (Shariat) Application Act, 1937, Section 2 -- A Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years - Held, this marriage may be void u/s 12 of the Act of 2006 - But it is a valid marriage under Muslim law as per S.2 of Muslim Personal Law (Shariat) Application Act, 1937 which has not..........
Muslim Personal Law (Shariat) Application Act, 1937, Section 2, Prohibition of Child Marriage Act, 2006, Section 12 -- Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years without the consent of natural guardian - Uncle of minor girl filed writ of habeas corpus to recover minor girl from the custody of husband - The girl who is now more than 15 years of age..........
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
