Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Wife was in illicit relationship with second respondent - Wife of second respondent also lodged complaint that he was in illicit relationship with wife/first respondent - Husband was a Constable in CRPF and he was away from marital home on his duty and could visit his home only twice a year by availing..........
Custody of child -- Writ of habeas corpus in child custody matters is maintainable only where detention is shown to be illegal or without authority of law - When child is in custody of a natural guardian such custody cannot ordinarily be termed as illegal so as to justify issuance of a writ, unless there are exceptional or compelling circumstances demonstrating immediate..........
Custody of child -- Claimed by mother - Writ of habeas corpus - Child is in custody of his father - No material on record which shows that custody of child is illegal - There exists no imminent or extraordinary threat perception warranting interference by Court in exercise of writ jurisdiction - Allegations made are yet to be tested before competent forum and cannot be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement of informing a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 70, 530 -- Service of summons - Summons were already served and witnesses were bond over - Communication through mobile phone regarding information of date is of course not illegal - Now mobile service by electronic media is already accepted in view of S.70 of BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48 -- Bail - Notice u/s 48 BNSS sent by whatsapp messages - But, there is no proof of service available - In absence of actual service, it cannot be held that there was due compliance with the provision of S.48 BNSS - Arrest of petitioners is rendered illegal - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement to inform a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
