Civil Procedure Code, 1908, Order 7, Rule 11 -- Order of dismissal of application U.O.7.R.11 CPC - Revision - Maintainability - Petitioner approached u/art 227 of Constitution against order of dismissal of application U.O.7.R.11 CPC and not u/s 115 CPC - Revision petition u/art 227 of Constitution is maintainable against an order of dismissal of an application U.O.7.R.11..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit filed challenging election to office bearers of society having 219 members - Unless there is a specific bar under the statue, application U.O.1.R.8 CPC is maintainable...........
Family Courts Act, 1984, Section 19 -- Appeal - Interlocutory order - No appeal filed u/s 19 of the Act against an interlocutory order can be filed - In view of that petition under Article 227 of Constitution is maintainable...........
Family Courts Act, 1984, Section 19 -- Appeal - Not maintainable against an order passed u/s 24 of Hindu Marriage Act, as said order is interlocutory in nature, as right to claim maintenance is still alive and by way of interim arrangement only said order has been passed - However, petition u/a 227 of Constitution is maintainable against such an order...........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order passed u/s 311 Cr.P.C...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Second bail application - Maintainability - Once order declining bail is passed on merits, remedy before petitioner was to challenge it before Supreme Court and not to file a similar petition by annexing the order and concealing thereof - Second bail application on merits is not maintainable...........
Criminal Procedure Code, 1973, Section 195 -- Forgery of documents in custody of Court - Proceedings u/s 195 Cr.P.C. are to be resorted to by Court where forgery has been committed - However, when forgery of documents is committed outside Court but documents thereafter are produced in Court, an FIR/complaint at the instance of a private individual is maintainable...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Not maintainable at the instance of licensee after determination of license...........
