Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Recovery suit - Defendant sought rejection of plaint on the ground that suit is not maintainable against any officer or servant of Trust u/s 97 of Town Improvement Act - However, plaint cannot be rejected merely on the basis of bar contained under said provision of law, as it will be..........
Criminal Procedure Code, 1973, Section 451, Kerala Forest Act, 1962, Section 61A -- Custody and disposal of property - Power of Court u/s 451 Cr.P.C. - Where confiscation proceedings is not maintainable u/s 61-A of 1962 Act, order of release can be passed by criminal Court where property is produced u/s 451 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Relative of husband - Word relative would include a woman also - Complaint against sister-i, law (jethani) of wife is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Complaint u/s 12 of the Act is maintainable, even if acts of domestic violence were committed prior to coming into force of the Act, notwithstanding the fact that in past she lived together with her husband in a shared household, but was no more living with him, at the time when Act..........
Lease deed -- Suit for possession - Maintainability - Once the document under which lessee claims to be tenants is void ab initio, possession of lessee cannot be accepted as a tenant holding over - Possession of lessee is unauthorized and therefore, suit for possession is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a judgment of US Court,..........
Rent and Eviction -- Eviction petition - Petition was maintainable when filed - Bar created by subsequent amendment - Proceedings initiated prior to amendment not affected by subsequent amendment...........
West Bengal Premises Tenancy Act, 1997, Section 7(2), 17(2) -- Rent and eviction - Arrears of rent - Default in payment of rent - As per S.17(2) of the Act, when tenant raises any dispute with regard to amount of arrears of rent claimed by landlord, he has to file application for adjudication of arrears of rent payable by him to landlord and in case tenant admits any..........
