Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Complaint filed after 4 years from the incident without good explanation - Not only appellant was dragged into criminal proceedings but even parents of appellant were arrayed as accused - None of allegations levelled in complaint are substantiated by any other independent evidence on record -..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - Murder case - Specific allegations against appellant to the effect that he had kept women captive, but there are certainly some debatable issues particularly as regards medical evidence on record - Appellant as on date is aged about 74 years and has undergone..........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Husband himself admitted that he was residing with wife as husband and wife and only ceased cohabitation upon learning that Saptapadi had not been performed - Burden of proof is on husband to establish that no Saptapadi was performed - An adverse inference cannot be drawn against wife for not producing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Civil Procedure Code, 1908, Order 15A, Rule 2 -- Arrears of rent - Quantum of rent disputed and hence dispute is as to arrears of rent payable - O.15-A.R.2 CPC casts an obligation on tenant to not only clear arrears of rent due till the date of fixation of rent but to clear all such arrears of rent which have fallen due after date of fixation of rent...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of residence - Marriage of wife was dissolved by a decree of divorce - Although said decree has been challenged by wife and matter stands remanded for fresh adjudication, as on date there is no subsisting matrimonial bond or domestic relationship between parties - In the absence of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Petition by wife - Wife is presently residing with her family at the place where Court `Y' is situated - It is very difficult for wife to travel approximately 250 kms on each and every date of hearing to attend the proceeding initiated by husband before Court `X' - Case transferred to Court at place..........
