Adverse possession -- Not pleaded as to from which date possession became adverse - Plea of adverse possession not maintainable...........
Adverse possession -- Not pleaded when adverse possession completed and ripened into full ownership - Plea of adverse possession not maintainable...........
Guardians and Wards Act, 1890, Section 8, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor - Petition by grandparents for guardianship of their minor grandson, is maintainable even in the life time of parents of minor...........
Hindu Marriage Act, 1955, Section 27 -- Return of Streedhan - Independent proceeding for return of Streedhan u/s 27 of the Act is not maintainable, when no other matrimonial proceeding between parties has ever been initiated, decided or pending...........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and de-freezing of bank accounts - Application not pressed and disposed of as withdrawn - Another application, for the same relief, held, not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Residence order - Petitioner is not an aggrieved person nor is subjected to any kind of domestic violence by respondents - Moreover, brother of petitioner against whom she is seeking relief is not made party to present writ petition - Application u/ss 12, 19 of the Act held, not..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration claiming ownership on the basis of sale deed - Property purchased during pendency of execution petition at the hands of defendant No.1/earlier decree holder - Plaintiff stepped into the shoes of his vendor - Separate suit to challenge the legality and validity of proceedings conducted vis-a-vis sale of property,..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Decree for possession passed in earlier suit and claim for mesne profits relinquished by plaintiff in said suit - Subsequent suit claiming mesne profits for same period which was relinquished in earlier suit is not maintainable, as by not pressing claim for mesne profits raised in earlier suit,..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........
