Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Sufficient opportunities were granted by trial Court to defendant to file its written statement - However, defendant chose not to appear before trial Court - Though defence of defendant rightly struck off by trial Court, but since defendant is a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters...........
Custody of child -- Claimed by father - Child is a citizen of USA and travelled to India with his mother for surgery with consent of father - Child underwent a surgery and remained in India for two and a half years - Father contended that mother detained the minor in her illegal custody in India and has violated the international travel consent by not allowing minor to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - When notice itself is vague, the notice would be imperfect for not having specifically contained the demand for payment of outstanding amount and therefore, a notice of demand which requires the drawer to make the payment of entire sum of cheque after having received a part of such amount..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 463, 464 -- Quashing of FIR - Forged document - FIR discloses commission of cognizable offence, which requires to be investigated - Meticulous appreciation of material is not required to be done at this stage - There is no ground for quashing FIR - Petition for quashing FIR dismissed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4 -- Maintenance to father - Challenged by daughter on the ground that father has not demanded maintenance from other three children - Father contended that his sole property has been settled on daughter, thus, he requires protection and maintenance from daughter - Moreover, no steps were taken by..........
Vigilance Manual, 2008, Rule 3.16 -- Delay in conducting the Preliminary Enquiry - Merely because some more time is taken in conducting Preliminary Enquiry before registering FIR the entire criminal proceedings cannot be quashed - There shall not be any prejudice caused to accused at the stage of holding Preliminary Enquiry which shall only be for the purpose of satisfying..........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Execution - Auction sale - Value of property - O.21.R.66(2)(e) CPC, requires Court to state only nature of property so that purchaser should be left to judge the value for himself - But, essential facts which have a bearing on the very material question of value of property and which could assist the purchaser in forming his..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife's convenience requires to be particularly considered in the matters of venue of proceedings in matrimonial causes while considering a transfer plea...........
