Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Electricity Act, 2003, Section 164, Telegraph Act, 1885, Section 10 -- Overhead electric line over private property - Neither consent of land owner is necessary nor he is required to be heard - Such person has no right to seek either shifting of alignment or shifting of route of transmission line - At the most, land owner can raise the dispute with respect of compensation..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Application u/s 14 of the Act - Powers of District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) - DM/CMM is not a persona designata for purposes of S.14 of the Act - Powers exercised by DM/CMM is a ministerial act - While disposing of application u/s..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Expression District Magistrate (DM)/Chief Metropolitan Magistrate (CMM) as appearing in S.14 of the Act shall deem to mean and include Additional District Magistrate and Additional Chief Metropolitan Magistrate for purposes of S.14 of the Act - Additional..........
Guardians and Wards Act, 1890, Section 9, 25 -- Custody of child - Jurisdiction of Court - Exclusive jurisdiction to hear a suit for child custody u/s 9(1) of the Act is with District Judge having jurisdiction in place where minor ordinarily resides - Child was residing within jurisdiction of district Judge Merta - Family Court Jodhpur thus, had no jurisdiction to try..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Protection to life and liberty -- Live-in-relationship - Petitioner no.2 is a minor and wishes to marry petitioner no.1 on attaining majority - Court thus, has to take upon itself responsibility to ensure that fundamental right of such a minor to claim protection of her life and liberty is made available and also to ensure that in said process protection of statue is not..........
Custody of child -- Claimed by paternal grandfather - Parents of child died due to COVID-19 - High Court directed the custody of child to maternal aunt who is staying in tribal area/District - There cannot be any presumption that maternal aunt being unmarried having an independent income, younger than paternal grandparents and having a bigger family would take better care..........
