Protection of Women From Domestic Violence Act, 2005, Section 18, 20, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition by wife u/ss 18 & 20 of the Act - Joint application for divorce containing unilateral undertaking by wife that she will not claim money, ornaments or future maintenance - Nothing to show that this was in consideration for a..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition by wife u/ss 18 & 20 of the Act - Joint application for divorce containing unilateral undertaking by wife that she will not claim money, ornaments or future maintenance - Nothing to show that this was in consideration for a..........
H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to seek partition...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Petitioner and complainant married for 21 years and having two grown up children - Petitioner has already joined investigation - Allegation as to dowry demand and retention of Istridhan, prima facie not made out, in as much as..........
Agreement to sell -- Joint property - If undivided share of one of the heirs cannot be transferred, remaining share of other heirs certainly can be transferred...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Death of one of three plaintiffs - Suit for permanent injunction - Plaintiffs occupying three different portions of suit property and have filed a joint suit for enforcement of their individual right to use the main gate of the same - Case based on common cause of action - On death of one of plaintiffs,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Co-sharer -- Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Co-sharer - Restraining other co-sharer from raising construction - Mere making of construction or improvement in the joint property does not amount to ouster of other co-sharer - By raising construction, value and utility of property will not be diminished - No injunction can be issued to restrain the..........
