Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Applicant no.1 who is the mother-in-law of wife has been residing in shared household, will fall within the definition of respondent as per S.2(q) of the Act - There is allegation that mother-in-law has harassed for demand of dowry and she also extended threat to evict her from shared..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
Criminal Procedure Code, 1973, Section 154 -- Two FIRs - Incident in both the FIRs relate to same transaction - There can be no straight jacket formula for quashing or clubbing FIR and Courts are required to examine facts of each case - Since there cannot be two FIRs against same accused in respect of same case or cause of action and on the same set of facts, therefore..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 223(1) -- Cognizance of offence - Quashing of order of issuance of notice to accused - Court below without examining complainant and his witness on oath issued notice to accused - However, after complaint is filed, Magistrate should first examine complainant and witnesses on oath and thereafter, if Magistrate proceeds..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - On ground of lack of territorial jurisdiction - Such ground cannot be considered in transfer petition - Petitioners are entitled to raise such contention before Magistrate who is empowered to return complaint to be presented to proper Court, if Magistrate is satisfied that Court..........
Registration Act, 1908, Section 17 -- Registration - Exchange deed - Possession had already been exchanged between parties and document in question was just a memorandum of exchange and was not exchange deed itself - No registration is required of said document...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife wants to live with her husband only on the condition that if he keeps her at separate place, as she does not want to live with her in-laws - Husband made all possible efforts to bring back his wife, but she did not agree and levelled false and vague allegations to anyhow break her..........
