Criminal Procedure Code, 1973, Section 127 -- Maintenance - Cancellation of maintenance order - Maintenance granted on 9.11.1993 and a female child born on 1.2.1992 - Illegitimacy of child - Held, the event which took place prior to the order of grant of maintenance cannot be put in subsequent proceedings...........
Constitution of India, 1950, Article 226, 227 -- Dispute between private parties - Lease agreement between Trust and Company - Cancelled - Writ of certiorari for quashing cancellation - Dispute between Trust & Company - Cannot be raised in extraordinary writ jurisdiction - Trust to approach Civil Courts...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 498A, 406 -- Cancellation of bail - Stands entirely on different footing from an application for release on bail - Considerations are entirely different - Unless the situation such as tampering with the evidence, threatening the witnesses, misusing the liberty granted etc. are made out, bail..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy -Order of cancellation of allotment of booth and lack of amenities was agitated before the Chief Administrator who dismissed the appeal - Revision petition also dismissed - Held that the Consumer Fora is not a revisional or appellate authority against the order passed by the Advisor to Chief Administrator..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 36, 46 -- Bar/Ouster of jurisdiction of Civil Court - When not applicable - Property allotted as an evacuee property by Custodian department - Allottee further sold property in 1970 - Mutation sanctioned in favour of subsequent purchaser - State auctioning said property - Civil Suit for declaration of..........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Evacuee property allotted by Custodian department - Allottee sold property - Mutation sanctioned in favour of subsequent purchaser - Subsequent purchaser in possession since 1970 - No notice whatsoever served upon them - Revenue entries not challenged by State - Notice by Tehsildar Sales for auction of said..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also identical - Plaintiff in previous..........
Criminal Procedure Code, 1973, Section 173, Indian Penal Code, 1860, Section 407, 419, 420, 472, 473, 379, 120B -- Further investigation - Cancellation report submitted by Police not accepted and Court found that investigation not done properly and ordered reinvestigation/further investigation - Held that the Magistrate has not ordered or directed the police to submit..........
Agreement to sell -- Suit for specific performance - Subsequent transfer - Suit is maintainable without seeking relief of cancellation of sale deed in favour of subsequent transferee - Decree for specific performance is executable against subsequent transferee even without seeking cancellation of sale deed in his favour. (Specific Relief Act, 1963, S.19(b)...........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction - Consumer Fora - Plot allotment - Cancellation of - Respondent filed appeal before the Authority which was dismissed - Held that respondent could not have legally assailed the validity of the appellate order of the Authority before the District Forum...........
