Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Cause of action cognizable by Revenue Court - Revenue Court cannot be excluded from the definition of Court for the purposes of O.7.R.10 CPC...........
Custody of child -- Writ of habeas corpus - Petitioner found the child in toilet in a running train - They unilaterally decided to take custody of child and mentioned the child as their daughter without informing the same to competent authority for initiation of appropriate action - Mere submission of an application seeking an adoption would not confer any right to take..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Res judicata - Divorce proceedings - Second divorce petition is based on subsequent and fresh cause of action relating to infliction of cruelty and desertion on a subsequent date - Cause of action pleaded in second divorce petition was different than in earlier suit - Second divorce petition is..........
Service -- Termination - Respondent abandoned his services without informing his employer about his whereabouts and secured new employment with FCI - Such conduct of respondent could not have been condoned by employer and therefore, treating respondent to have abandoned his service and taking appropriate action against him by terminating the services in terms of LIC staff..........
Will -- Suspicious circumstance - Execution of Will in favour of one of daughters of testatrix - Prominent involvement of propounder/son-in-law of testatrix, whose wife is the beneficiary of Will, in the execution of Will - Executor was admittedly present during execution and registration - However, Will itself categorically explains why other heirs were excluded and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Merely on the allegations of harassment and without there being any positive action proximate to time of occurrence on the part of accused, which led or compelled a person to commit suicide, an accused cannot be convicted u/s 306 IPC...........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Interference with possession by police -- Under no circumstances police can interfere with possession of immovable property, as such action does not bear sanction by any provision of law...........
Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mere fact that divorce petition was not decided within one year or soon thereafter and it was decided after expiry of much time, bar contained u/s 14(1) of the Act remained relevant and petition may not become competent by passage of time, as cause of action may only be seen..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
