Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - In the matters arising out of commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or family disputes where wrong is basically private or personal in nature and parties have resolved their entire..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Power vested with Court to invoke provision suo moto is vast - Right of parties to recall the witness is to be recognized only in rare cases...........
Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - There cannot be automatic vacation of stay granted by High Court - Direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of jurisdiction of Supreme Court u/art 142 of Constitution...........
