Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Criminal Procedure Code, 1973, Section 156(3), 154 -- Complaint disclosing cognizable offence - Same not registered - Complainant approached High Court by way of Writ Petition, which was dismissed - Registration of FIR is mandatory if information discloses commission of cognizable offence - Complaint submitted by appellant to concerned respondents discloses commission of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought to include the left out properties - Amendment allowed - Order challenged by purchaser of undivided interest - While drawing a preliminary decree, a stranger purchaser has no say in the suit - Writ petition at the instance of stranger purchaser, dismissed...........
Custody of child -- Claimed by wife - Writ of Habeas corpus - Mother having custody of child under terms of an agreement which relates to passing of decree of divorce by mutual consent and visitation rights were given to father - However, child expressed willingness to stay with father and that he is not inclined to stay with mother in the house as one `A' resides, who..........
Custody of Child -- Writ of habeas Corpus - In case the child is in custody of one of the parent, writ of Habeas Corpus is maintainable...........
Custody of Child -- Claimed by father - Writ of habeas Corpus - Custody of child is handed over to mother in compliance of compromise arrived at between parties in proceedings u/s 125 Cr.P.C. with visitation rights to father - Admittedly, father has been deprived access to his child during summer vacations - Directions issued regarding visitation rights of father...........
Custody of child -- Claimed by father - Writ of habeas Corpus - Mother had taken child from USA to her native place in India after relations between spouse became strained - Child was only 1 and 1/3rd years age at that time - It cannot be said that child was segregated from social customs prevalent in USA to which he has been accustomed - There is no consent order with..........
Custody of daughter-in-law -- Writ of Habeas corpus by father-in-law - Daughter-in-law is alleged to be in illegal custody of her parents - However, after marriage husband of detenue is living and earning in Kuwait and detenue is living with her parents - It may be possible that detenue herself does not want to go to her matrimonial house when her husband is not living..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 201 days in filing writ appeals - No plausible reason is placed in affidavit except stating certain administrative grounds with no proper detail - Moreover, in view of series of litigation concerning the subject land, it is obvious to expect certain diligence in pursuing the matter instead of lackadaisical..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 32 -- Divorce - Irretrievable breakdown of marriage - Writ petition - Party cannot file a writ petition u/art 32 of Constitution and seek relief of dissolution of marriage directly from Supreme Court...........
