Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Commercial dispute - Merely because O.20.R.1 CPC enjoins a duty upon commercial Courts to provide copies of judgment that does not mean that parties can shirk away all responsibility of endeavoring to procure certified copies thereof in their own capacity...........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Jurisdiction - Contract of employment - Decision to employ taken in Mumbai, appointment letter issued from Mumbai, employment agreement dispatched from Mumbai, decision to terminate the service taken in Mumbai and letters of termination dispatched from Mumbai - Even, clause in the contract has..........
Civil Procedure Code, 1908, Order 20, Rule 12(1)(c) -- Future mesne profits - Eviction decree - Order as to inquiry into future mesne profits from the date of suit till delivery of vacant peaceful possession modified to inquiry into future mesne profits from date of decree of eviction till delivery of vacant possession as relationship of landlord and tenant comes to an end..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(c), 29 -- Bail - Contraband - Recovery effected from the vehicle - Link of accused to the alleged owner of said contraband and proximity of two vehicles when same was intercepted at the said Naka Check post is on record - Commercial quantity was recovered..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - It is in the nature of a preliminary decree...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Where an appeal is filed against decree passed by trial court and appeal is disposed of, appellate Court should specify time to deposit balance sale consideration...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
