Protection of Women From Domestic Violence Act, 2005, Section 21, 23, Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order passed u/ss 21, 23 of PWDV Act do not attach any criminal liability, as it is civil in nature - Application u/s 482 Cr.P.C not maintainable against such order - Moreover, petitioner bypassing remedies u/ss 25, 29 of PWDV Act, cannot..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Interim custody of children - S.21 of the Act has overriding effect on any other law - There is thus, no merit in contention of husband that temporary custody of children could be dealt with only in proceeding under Divorce Act or Guardians and Wards Act - Contention rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, 12 -- Interim custody of children - Mere pendency of matrimonial cases between parties does not divest jurisdiction of Magistrate to adjudicate application for custody of children or application filed u/s 12 of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 23 -- Maintenance - Family Court has no discretion to deny maintenance u/s 23 of the Act, as said discretion is confined to determining quantum of maintenance not to whether maintenance should be granted or not...........
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 2001, Section 23, 1(4), 68 -- Temple - Administration of temple - Dispute as to whether temple belongs to `Mutt' - Detailed consideration is required regarding dispute in question - Appropriate course in interest of temple as well as devotees as also `Mutt' would be to allow administration of temple by..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Method of cumulative annual increase over valuation in Wazir and Another case..., as adopted by High Court, which displace valuation based on sale deed is normally safest method - Market value of property arrived at by High Court is proper...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Recovery of excess compensation - Amount of Rs.152 crores out of disbursed sum of Rs.750 crores is beyond entitlement of landowners - However, concerned authorities have passed on entire burden to subsequent allottees of acquired land and have received amounts in excess of what have been made..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 125 -- Interim monetary relief u/s 23 of PWDV Act - Adjustment of amount of maintenance granted u/s 125 Cr.P.C - Wife was awarded maintenance in a proceeding u/s 125 Cr.P.C - Husband thus, entitled to have adjustment of amount of maintenance already paid by him to..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim monetary relief u/s 23 of PWDV Act - Wife in a proceeding u/s 125 Cr.P.C was held to be legally wife of husband - There exists domestic relationship between parties - Husband failed and neglected to provide maintenance to wife which is obviously instances of economic abuse and accordingly domestic..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
