Adverse possession -- Plea of adverse possession is not a pure question of law but a blended one of fact and law - Unless petitioner proves that concurrent findings recorded by authorities below are perverse or based on no evidence such findings cannot be set aside by Court in exercise of its extraordinary writ jurisdiction u/art 227 of Constitution...........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3) -- Adoption under Act of 1956 - Applicability of JJ Act - Child adopted directly from biological parents - Biological mother of child is real sister of adopted mother - Child is neither an orphaned nor surrendered nor in conflict in law -..........
Criminal Trial -- Disclosure to media - Police communication does not violates fundamental rights or provisions of any law...........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Restraining defendant from demolishing suit property without due process of law - Plaintiff proved his title and possession over suit property - Defendant has not led any evidence controverting claim of plaintiff - In fact, defendant admitted possession of plaintiff - Suit property is thus, in ownership..........
Income Tax Act, 1961, Section 260A(4) -- Appeal to High Court - Hearing of appeal on substantial question of law not formulated by High Court - If High Court wishes to hear appeal on any other substantial question of law not formulated by it, it may for reasons to be recorded formulate and hear such questions if it is satisfied that case involves such question - In the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 11, Criminal Procedure Code, 1973, Section 421 -- Enforcement of maintenance order - Warrant for levy of fine - Despite execution of warrant issued on application that is to be filed within 3 months of amount becoming due, if amount is not paid, law contemplates a breach for non-payment of each..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Offence u/ss 13(1)(e), 13(2) of the Act - Explanation offered by accused at the stage of investigation - Contention that `reasons for accepting or not has to be mentioned in the charge sheet' - Held, it is not supported by any law or precedent...........
Constitution of India, 1950, Article 226, 227 -- Eviction order - Writ petition - Unauthorised possession - Landlord approached Deputy Commissioner only with a complaint to register a case against tenant for being in unauthorized possession of house in question and irregular payment of rent - However, Deputy Commissioner in his over enthusiasm and presumably in an effort..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Right of residence - Wife cannot claim right of residence in the house owned by her Father-in-law...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Right of residence - Specific directions issued by Family Court to husband to provide wife one room with kitchen, bathroom and toilet for her residence, rent of which shall be paid by husband - Husband has shown his willingness to comply with these directions and he has already taken on rent premises..........
