Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit filed challenging election to office bearers of society having 219 members - Unless there is a specific bar under the statue, application U.O.1.R.8 CPC is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Amendment sought to incorporate relief of recovery of possession - It is specific case of plaintiff that after filing of suit criminal case was registered against her, she was arrested and in the meanwhile defendant illegally occupied the suit property -..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Allegations against relatives of husband - No substantial and specific allegations made against petitioner other than stating that they instigated accused No.1 in harassing complainant by demanding more dowry - Reason for..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Agreement to sell -- Suit for specific performance - Suit property is situated in Haryana while agreement to sell was prepared on stamp paper purchased from Uttar Pradesh - There is no signature or seal of stamp vendor and neither was any examined by plaintiff - Even name of scribe is not forthcoming despite attesting witness deposing that agreement to sell was written at..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit land is joint and defendant was trying to usurp best portion of same without getting it partitioned as per plaintiff - However, defendant has raised a specific plea that suit land stood partitioned and partition had been implemented - Appeal filed against order of partition was dismissed in..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Indian Penal Code, 1860, Section 498A, 420, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Cheating - Quashing of FIR - Allegation against maternal uncle of husband - All allegations primarily levelled against husband and his parents - Petitioner arrayed as accused only because he was nominated by other accused persons for handing over jewellery/articles of wife,..........
