Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff claims title to suit property on the basis of Patta jointly granted in favour of plaintiff and defendant - Defendant thrown a serious challenge to claim of plaintiff's title, possession and enjoyment of suit property before institution of suit - Plaintiff should have sought for relief of declaration..........
Criminal Procedure Code, 1973, Section 397, 200 -- Order taking cognizance on complaint after enquiry - Revision against order - Held, revision is maintainable as order passed is intermediatory or quasi final order...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Maintenance order - Appeal can only be maintainable if senior citizen or parent who is claimant before Tribunal is aggrieved by order of Tribunal and not at instance of respondent in application before Tribunal - However, if respondent is aggrieved by orders passed by Tribunal in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Redemption of mortgage - Final decree proceedings - Petitioners contended that execution petition is not maintainable, as same is filed for relief of demolition of constructions of building found in suit property when no such prayer was made in preliminary and final decree proceedings - They admittedly are parties in..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
Civil Procedure Code, 1908, Section 100, 35B, 2(2) -- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
Mohammedan Law, Section 307(3) -- Suit for dissolution of marriage by husband - Maintainability - None of the provisions under Mohammedan Law permits husband to obtain decree of divorce through a judicial declaration - Suit, held not maintainable...........
Agreement to reconveyance -- Unregistered - Suit for specific performance - Sale deed executed and on the same day agreement of repurchase executed - Suit for specific performance of an unregistered agreement of repurchase is maintainable...........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12 -- Juvenile in conflict with law - Application for anticipatory bail - Maintainability - S.10 of the Act provides for apprehending child in conflict with law and not for arresting him - Hence, application u/s 438 by juvenile in conflict with law is..........
