Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - A school leaving certificate is not a relevant consideration to determine the juvenility of an accused/convict...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22 -- Domestic violence - Interim maintenance - Final adjudication yet to be decided - PWDV Act is a special Act promulgated for protection of women of weaker section of society - Parameters of granting maintenance under the Act are quite different from the parameters for granting maintenance..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Concealment of mental disorder of wife - Plea of husband neither controverted in written statement nor deposition of husband to this fact assailed in cross examination - Unchallenged averments and evidence on record brings the case of husband within ambit of S.12(1)(c) of the Act - Marriage rightly..........
Protection of Human Rights Act, 1993, Section 12, Urban Lands (Ceiling and Regulation) Act, 1976, Section 20 -- Disputed questions of title and possession - Jurisdiction of Human Rights Commission - Commission has no jurisdiction to deal with the disputed questions of title and possession of the property...........
Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court has wide powers to pass a decree on clear, unambiguous, unconditional and unequivocal admissions - A judgment on admission is not a matter of right but a matter of discretion of Court but such discretion has to be exercised judiciously - Provision does not apply where serious questions of law are..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Case involving questions which cannot be conveniently disposed of without recording evidence and therefore, in spite of admissions of defendant, plaintiff should prove his case during trial - Decree on admissions U.O.12.R.6 CPC is not warranted...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Partition suit - Defendant is in settled possession of properties in question - Plaintiff who is aged person is residing somewhere else and has no intention to settle at the place where properties are situated - By way of final decree of possession in favour of plaintiff to the extent of his 1/5th share,..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Term mesne profit is used for damages for trespass, a wrongful act relating to immovable property - However, scope of term mesne profit has since enlarged to mean claim of profit from one whose possession though may not have originated as trespass but is nevertheless wrong...........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Calculation of amount - Mesne profit is not what the decree holder has lost by not being able to get possession but what the user of property, in wrongful possession, may with ordinary diligence would receive from property - Person in wrongful possession cannot be heard to say that he has not utilized the..........
