Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Filing of a plaint on a cause qua which there is an arbitration clause, per se does not means that plaint is barred by any law - In such an eventuality defendant has to move appropriate application for referring the matter to Arbitrator - When defendant does not raise this plea at first..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Mother-in-law is being dragged into proceedings on account of her volunteering to fund education of her granddaughters for first two years - Said act of mother-in-law is voluntary act and thus, she cannot be roped into these proceedings...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere pendency of other FIRs against petitioner may not be reason enough to deny bail to him - It is for the State to secure custody of petitioner in relation to these other cases as per due procedure and in accordance with law - Co-accused already acquitted - There is no possibility of case improving against petitioner..........
Constitution of India, 1950, Article 32, 226 -- Judicial review - It is an evaluation of decision making process and not merits of decision itself - Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion - It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Plaintiff a licensee - Restraining defendant from forcibly evicting plaintiff - Notice prior to removal of possession not issued to plaintiff - No prior notice issued terminating the license - Having not done so, action of Nagar Palika is arbitrary and illegal in the eyes of law - Suit decreed - Defendant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
West Bengal National University of Juridical Sciences Act, 1999, Section 4A(3) -- (As Amended by Act of 2018) - Education - Admission to Law - Benefit of reservation - Reservation policy of 30% seats was not available on date when admission process was initiated - Decision of University to provide reservation from next Academic year cannot be said to be contradictory to..........
Constitution of India, 1950, Article 14, 16, Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018, Section 4 -- Constitutional validity of Act of 2018 as amended in 2019 - Declaration of Maratha as social..........
Indian Penal Code, 1860, Section 313, 498A, 114 -- Offence u/ss 313, 498-A, 114 IPC - Compromise - Amicable settlement arrived at between parties - Offences in question are lesser serious in nature - Further proceedings would amount to abuse of process of law - FIR quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 17(1) -- Right of residence - Self acquired property of father-in-law and mother-in-law - Daughter-in-law has no right of residence in self acquired property of father-in-law and mother-in-law...........
