Civil Procedure Code, 1908, Section 10, 151, Order 4A -- (As in UP) - Stay of subsequent suit - Earlier suit is one for declaration and subsequent suit is for partition - Both the suits are pending in the same Court - Continuance of subsequent suit is contingent upon findings of prior suit - To avoid conflicting findings when there are identical issues in both the suits..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section -- Direction to Senior citizen to stay with her sister - Son of senior citizen accepts the earlier order of Tribunal and he take care of his mother - He contended that direction issued to senior citizen ought not to have been issued without a proper enquiry, particularly as to condition of senior..........
Concealment of material facts -- If an order has been passed by concealment of material facts, then it is duty of Court to correct the facts if brought to its notice...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Plea raised by petitioners that they are ready to take care of senior citizen - Once necessary ingredients of S.23 of the Act are met and transfer deed was cancelled in accordance with law, plea raised by petitioners would not call for setting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - No endorsement in favour of Bank - Notice given by bank is of no consequence - Summoning order and complaint quashed...........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife having no independent source of income, but has reasonable educational background - She voluntarily undertaken social work as claimed despite there being no impediment for undertaking a meaningful employment - Maintenance pendente lite @ Rs.21,000 pm as awarded under Domestic violence Act would be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed questions involved in the matter with regard to payment of amount with respect to cheque in question - However, date of return memo of cheque whether it is within time or not and amount in question was required to..........
Criminal Procedure Code, 1973, Section 125 -- Second application for maintenance - Order of granting maintenance to wife in first maintenance case does not alter its nature merely because parties have resumed cohabitation - It is still operative - Subsequent application seeking maintenance u/s 125 Cr.P.C held, not maintainable...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Husband was not making an allegation of mental disorder for the purpose of separation - He tried to obtain treatment of his wife and on separation filed for reunion with his wife - Absence of evidence regarding alleged schizophrenia in wife does not imply any malicious intent on..........
