Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court Act, 1984, which has jurisdiction...........
Transfer of Property Act, 1882, Section 105 -- Lease - Property belonging to deity - Mohatmim/mahant of property can execute lease only for the benefit of estate or for legal necessity - Execution of lease without such conditions is illegal, null and void and creates no right, title and interest in favour of plaintiff - Lease deed rightly cancelled by Temple...........
Hindu Marriage Act, 1955, Section 5, 12 -- Marriage in contravention of S.5 of the Act - Marriage is null and void - It does not require any order of Court to say that marriage is null and void - To get a declaration to that effect is optional...........
Hindu Marriage Act, 1955, Section 16 -- Right of child born out of null and void marriage in ancestral property - Child begotten in a marriage which is otherwise null and void, have no right to coparcenary or other property of either parent, except the property which is of their own parents - But the ancestral property falling specially to the share of a person, would..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree set aside after condoning delay of 3690 days - Suit for declaration that marriage between parties is null and void and petitioner was not the father of child/respondent No.2 - Guardian ad litem not appointed by Court - Mother represented minor and has appeared, contested and filed objection on her behalf and..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fees - Suit for declaration that sale deeds are null and void and permanent injunction - Once plaintiffs were not party to sale deeds and defendant has not disposed of properties as Karta of Joint Hindu Family then certainly rigors of S.7(iv)(c) of the Act is not attracted and plaintiffs cannot be fastened with liability of..........
Constitution of India, 1950, Article 226, Bar Associations (Constitution and Registrations) Rules, 2015, Rule 11 -- Election - Rejection of nomination of petitioner by Returning Officer - In the instant case, delay regarding scrutiny of nomination of petitioner is malafide as petitioner can be granted time to remove defect by certifying correction on over-writing which is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Plaintiff claiming himself to be in exclusive possession of suit land as co-sharer and that entries to the contrary be declared as null and void - However, plaintiff nowhere had laid any challenge to the entries whereby defendant was shown as co-sharer - There is no reason to discard the long standing revenue..........
Will -- Joint and mutual Will - Husband and wife created joint and mutual Will in 1968 bequeathing their properties for charities - Will clearly intended that survivor shall have absolute right to properties and after his/her death, charity shall be carried out from the income of properties without alienation of properties - After death of husband, wife has absolute right..........
