Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Defendant intended to construct ramp in public street, which is likely to obstruct plaintiff's gate causing great inconvenience to her - Otherwise also defendants have no legal right to construct ramp in a public street - Injunction rightly granted by court below...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 31, 18 -- Acquisition of land - Proceedings under 1894 Act - Lapse of - Held, u/s.24(2) of 2013 Act, acquisition proceedings initiated under 1894 Act, by legal fiction, are deemed to have lapsed where award has been..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Suit for possession on the basis of title - Defendant in permissive possession of part of house - Plaintiff on proof of title as owner is entitled to possession - Held, in absence of any counter-claim, defendant has no legal right to refuse to hand over possession to plaintiff...........
Constitution of India, 1950, Article 227 -- Restitution of possession - Suit for possession filed by decree-holders was decreed by first appellate Court - In wake of RSA filed by petitioners-JDs, operation of decree was stayed, subject to furnishing of security for a sum of Rs.5 crores - JDs neither handed over possession of property in litigation to DHs nor furnished..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment sought at the appellate stage - Amendment sought to bring the subsequent development on record which is a Deed of Assignment - Proposed amendment will not cause prejudice to defendants - Deed of Assignment will have to be considered by Court if amendment is allowed - It would be open for court to observe to..........
Family Settlement - - Lawful family settlements that adjust mutual rights by specific allotments equitably that could be oral, so long as oral partition is not barred by law and a family settlement orally or through an unregistered document to extinguish title to immovable property - The former is legal and the latter is unlawful...........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 113B -- Dowry death - Proof - Death of wife of appellant due to strangulation within 7 years of marriage - Evidence on record established that she was harassed for dowry - Building in which appellant and deceased were living consists of four portions where others were also living - Held, appellant..........
Evidence Act, 1872, Section 112, 114 -- Legal fiction & presumption of fact - Distinction - Held, legal fiction assumes existence of a fact which may not really exist - However, presumption of a fact depends on satisfaction of certain circumstances - Those circumstances logically would lead to the fact sought to be presumed - S.112 of Evidence Act does not create a legal..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Suppression of information by a spouse as to his suffering from a disease - Held, suppression and failure to inform a particular fact cannot be treated as fraud, unless the person failing to mention it was under a legal obligation to state it...........
