Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife sought transfer of divorce petition on the ground that she and her two children are entirely dependent on her old and ailing parents - Elder child is a girl aged about 11 years and whenever case is fixed for hearing, wife has to travel about 800 kms - Mere fact that mother of wife retired..........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Person seeking injunction must approach Court with clean hands - He who seeks equity must do equity...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegations made against mother-in-law and father-in-law by widow daughter-in-law - Trial Court vide an elaborate order has fixed date for adducing evidence by applicants for making judicial decision about facts stated and to be decided in between parties - Court can never give..........
Agreement to sell -- Specific performance - Pleadings and evidence contradictory - Nothing in respect of oral agreement as stated by plaintiff in the agreement to sell Exh.35 - As per the pleadings, possession was handed over to him on the day of Gudi Padwa of the year 2006 - But document (Exh.35) itself shows that possession would be given to the plaintiff at the time of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of matrimonial case u/s 12(1)(a) and (c) of the Act does not preclude the Court to entertain petition u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B, 12(i)(a), (c) -- Annulment of marriage - Petition dismissed as withdrawn - Parties filing an application for divorce by mutual consent direct before the appellate Court - Held, appellate Court is not entitled to take up an application for divorce by mutual consent filed direct before appellate Court nor appellate Court while dealing..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Wilful disobedience of order of High Court - High Court directed Central Government to initiate process of inter-cadre transfer of appellant and willingness/consent of appellant would also be sought for such transfer - It is Central Government which is competent authority to transfer appellant from one cadre to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 406, 34 -- Bail - Dowry death - Deceased died unnatural death within 3 years of her marriage - There are categoric averments regarding demand of dowry from complainant and ill treatment of deceased by her in-laws - Issue as to cause of death is a question which trial Court will determine at..........
