Protection of Women From Domestic Violence Act, 2005, Section .12 -- Domestic violence - Once petitioner and respondent lived together in past in a shared household as husband and wife, there is domestic relationship between two - Wife in her petition u/s 12 of the Act has alleged acts of cruelty and domestic violence against husband - Application u/s 12 of the Act at the..........
Uttar Pradesh Revenue Code, 2006, Section 116 -- Institution of more than one suit - There is no bar u/s 116 of Code on institution of more than one suit nor there is any prohibition so as to make the institution of more than the suit non-maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Where plaintiff had specifically reserved its rights in the first suit regarding his claim and further applied for leave before trial Court for filing a separate suit, which leave had been granted and when both the causes of action..........
Suit for possession -- Father of plaintiff donated the suit property to State and State constructed a Hospital over the land in 1958-59 - Suit for possession without seeking declaration is not maintainable - Moreover, suit filed after almost 43 years is clearly barred by limitation - Merely because name of plaintiff continued in revenue record, it would not confer any..........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - Not maintainable when there is cloud over title of plaintiff - Plaintiff ought to have filed suit for declaration and consequential injunction...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer complaint - Car - Manufacturing defect - Car in question was purchased by complainant for the personal use of its Whole-time Director and for his immediate family members, and the dominant purpose of purchasing the car was to treat it as a part of perquisite to Director - Nothing on record to show that said car was..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Application U.O.21.R.26 CPC filed before executing Court, which had passed the decree, is not maintainable...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner being an interested party in the suit being in possession of decreed property, has a right to raise his objections U.O.21.R.97 CPC before execution of decree - Objections at the instance of petitioner are maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC - Not maintainable on the date when the case was fixed for delivering the judgment - In such cases, remedy is to wait for delivery of judgment and file application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Wife filed suit for dissolution of marriage - Husband by filing counter claim claimed divorce on ground of cruelty and desertion - Counter claim filed subsequent to filing of written statement - Issues were not yet framed - Under S.23-A of Hindu Marriage Act, husband had statutory right to file counter claim -..........
