Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are clear findings recorded by both the Courts below based on fact upon appreciation of evidence, High Court sitting in second appeal cannot lightly interfere with the same, as findings of fact recorded by first appellate Court are binding on High Court since it is a last Court of fact - There are no..........
Protection to life and liberty -- Muslim girl converted to Hinduism and married to Hindu boy against wishes of their families - Concerned Senior Supdt. of Police directed to look into the matter and if it is found that there is genuine threat to the lives and liberty of petitioner, then necessary steps warranted under law be taken thereupon at the earliest so as to ensure..........
Will -- Exclusion of natural son - There is clear averment in Will that grandson is maintaining testator since his son/plaintiff left him to reside with his father-in-law - It is thus, natural for testator to exclude his own son from getting any share in self acquired properties and there is nothing wrong in bequeathing entire properties to his grandson who maintained..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 102 -- Juvenile - Bail - Hearing of victim/complainant - There is no requirement that victim should be notified before hearing bail application of a child in conflict with law, be it before JJ Board, Appellate Court or before High Court exercising revisional powers u/s 102 of the Act...........
Hindu law -- Joint family - Hindu Joint Family even if partitioned can revert back and reunite to continue status of joint family...........
Hindu Law -- Joint family - Filing of Returns under Income Tax Act or Wealth Tax Act is not conclusive of status of family, as an individual member of joint Hindu Family can very well file his separate Return both under Income Tax Act as well as Wealth Tax Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Merely the gravity of allegations/offences cannot be a ground to deny bail to a child in conflict with law...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of tenant - Landlord who happens to be senior citizen cannot seek eviction of tenant under the Act, who is neither his children nor a relative, as tenancy is not a transfer of property - Senior citizen landlord has to seek eviction under ordinary law - Application dismissed...........
Protection to life and liberty -- Muslim marriage - Petitioners claims to be married as per Muslim Rights and customs - Petitioner no.2 claims to have legitimately remarried after divorcing his first wife - However, first wife of petitioner no.2 joins proceedings and strongly controverts his averments and stated that he divorced her by pronouncing Triple talaak which is..........
