Special Marriage Act, 1954, Section 5, 6, 7 -- Marriage - Publication of notice and inviting objections - Directions issued viz: (i) Court mandates that while giving notice u/s 5 of the Act, it shall be optional for parties to the intended marriage to make a request in writing to Marriage Officer to publish or not to publish a notice u/s 6 of the Act and follow procedure..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance allowance - Cannot be ordered to be deposited in Bank account, as it is meant to be released to party or to next friend in case party is a minor - Direction issued to husband to open Bank account in the name of minor daughter and to deposit monthly maintenance allowance in her favour, set aside...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - After passing of decree of divorce by mutual consent - Wife narrated the financial status of husband in her affidavit before Court and she prayed to keep open issue of permanent alimony for its consideration later on - Trial Court could have granted opportunity of hearing to both the parties on the issue of..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Enquiry should consist not only of examination of witnesses produced by either party, but also of examination of alleged lunatic by judge, either in open Court or chambers...........
Criminal Procedure Code, 1973, Section 186, 154 -- Multiple FIRs - Same offence - Principle underlying S.186 Cr.P.C can be applied at pre-charge sheet stage, that is post registration of FIR but before charge sheet is submitted to Magistrate - In such cases, ordinarily first FIR which is registered first in point of time, should be treated as main FIR and others as..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Service -- Writ petition - Challenging decision of Tribunal - Matter transferred to Supreme Court - Order passed by Tribunal was complied with by department on pain of contempt and benefits under order passed by Tribunal were conferred upon respondents - Since order of Tribunal is complied with, transferred case dismissed leaving all questions of law open...........
Adverse possession -- Suit for adverse possession could not have been decreed on basis of either a compromise or an admission, as for claim of adverse possession to succeed, plaintiff has to clearly establish open hostile possession for statutory period...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - No such objection regarding non-consideration of domestic incident report was raised before trial Court - Therefore, it is not open for applicant to raise it for first time before High Court in proceedings u/s 482 Cr.P.C,..........
