Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - A suit is not maintainable for enforcing directions issued in a writ petition - When plaintiff already secured directions in the order in the writ, a further proceeding in the form of suit does not lie - Order dismissing application filed U.O.7.R.11 CPC set aside...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 4, 5, Rajasthan Maintenance of Parents and Senior Citizens Rules, 2010, Rule 20 -- Order of eviction - Can be passed by District Magistrate or its subordinate - Order of eviction cannot be passed by Tribunal while taking recourse to R.20(2), (5)...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner/son has been living in subject premises since his birth - Purported transfer within meaning of S.23 of the Act was made prior to enforcement of Act in the State of Rajasthan - Even by virtue of extended meaning of S.23 of the Act,..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Rent and Eviction -- Eviction order - J.D. did not permit to execute the decree by filing proceedings one after the other - D.H. not permitted to enjoy the fruit of decree even after a period of 33 years of passing of the decree - SLP dismissed with costs of Rs.25,000/- - Executing Court directed to decide and dispose of execution proceedings within a period of six months...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report u/s 173(2) Cr.P.C and supplementary report u/s 173(8) Cr.P.C - Magistrate has to consider both original report and supplementary report before determining steps that have to be taken further in accordance with law - It is thereafter that Magistrate would have to take a considered view in accordance with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When there are concurrent findings of both the Courts in a well reasoned order, second appeal is not maintainable without any substantial question of law involved in it...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 10 -- Divorce or judicial separation - Parties lived together only for 3 years and have been living separately for more than 12 years now - Period of separation has left the relationship between parties beyond repair - Adamance of wife to refuse to cohabitate with husband over last 12 years shows that there is nothing remaining..........
