Civil Procedure Code, 1908, Section 91(2) -- Public nuisance - Suit for removal of construction affecting public way - No independent right over public way claimed in suit - Held, suit is not maintainable under S.91(2)...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 24 -- Pendency of matrimonial proceedings before Family Court - Interim maintenance - It is not necessary that application has to be made under S.24 of the Hindu Marriage Act in the same Court - In such situation, application under Section 18 of Hindu Adoptions and Maintenance Act is..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Non observance of the provisions of S.69 Partnership Act - Court finding suit not maintainable and dismissing it - Not deciding rest of issues - No illegality. (Partnership Act, 1932, S.69)...........
Partnership Act, 1932, Section 69 -- Suit by partners - Partnership firm not registered - Suit is not maintainable - Claim by plaintiffs, minor partners for return of benefits received in view of S.65 of Contract Act - Not tenable. (Contract Act, 1872, S.65)...........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision against order allowing additional evidence - Maintainable...........
Service -- Adopted son - Appointment on compassionate grounds - Adopted son entitled to compassionate appointment if he is otherwise eligible, as he is considered as son of adoptive parents for all purposes under S.12 of the Hindu Adoptions and Maintenance Act, 1956 - In the instant case adoption of petitioner a disputed fact - Cannot be adjudicated in writ petition - It..........
Civil Procedure Code, 1908, Section 11 -- Expln.IV and Order 2 Rule 2 - Claim omitted - Bar of subsequent suit - Bar applies only if claim in previous suit and that in subsequent suit arise from same cause of action - When right claimed in second suit was not in existence at time of first suit, then second suit is maintainable...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- First suit for declaration that removal of name from list of casual artists of AIR is illegal and his second suit filed after securing relief of such declaration for damages for having illegally deprived him of broadcasting engagements from All India Radio, cause of action in both suits cannot be said to be..........
Hindu Succession Act, 1956, Section 23 -- Suit for partition - Plaintiff female - Character of property is solely not residential but major part used for commercial purposes and that too by renting out the shops - Held, suit is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Petition u/s 12 Hindu Marriage Act - Exparte decree granted - Application to set aside exparte decree - Application is maintainable...........
