Constitution of India, 1950, Article 136 -- Special Leave Petition - Order directing enquiry to find out authenticity/genuineness of conversation contained in pen drive - Question before High Court was only with regard to maintainability of writ petition - However, High Court closed hearing on preliminary objection regarding maintainability of PIL - High Court ought not to..........
Hindu Adoptions and Maintenance Act, 1956, Section 25 -- Maintenance to physically and mentally challenged daughter staying with her mother who is a practicing Advocate - However, with a daughter like this at home, judicial notice of fact can well be taken as to how much time mother would have been able to leave her at home and divert the time towards her professional..........
Civil Procedure Code, 1908, Section 96(2) -- Appeal - By transferee pendente lite - Leave to appeal - Sale deeds have already been executed in favour of applicant, while one sale deed was executed prior to filing of suit and rest of sale deeds were executed after filing of suit - Transferee pendente lite is proper party to a litigation - Applicant entitled to grant of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife was subjected to both mental and physical cruelties - She thus, has a reasonable ground for leaving matrimonial home - Intention to desert is conspicuously missing in the case - In fact it is husband who had forced wife to leave matrimonial home by his conduct - Husband has committed..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction order - Bonafide need - Leave to defend - ARC has committed no jurisdictional error and has passed the order of eviction on basis of material available before it - Eviction order upheld...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Delhi Rent Act, 1995, Section 14(1)(d) -- Eviction petition - Bonafide need - Application for leave to defend was dismissed - A mere vague plea which is not established on record cannot be basis for grant of leave to defend - In absence of a suitable alternative premises for landlord, due to existing premises having been sealed or partially demolished, bonafide need of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Insolvency and Bankruptcy Code, 2016, Section 3(30) -- Secured creditor stands outside the winding up and can realize its security dehors winding up proceedings - Though, if he files a suit or takes other legal proceedings for realization of his security he is bound u/s 231 of Companies Act, to obtain leave of, winding up Court before he can do so although such leave would..........
