Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession in respect of Gair mumkin shop - Suit has been filed in 2019 i.e within a period of 10 years - It cannot be at this stage ascertained as to whether provisions of the Act are applicable and as to whether suit would be maintainable or not - Application rightly dismissed...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Custody of child was mutually given to mother/wife in divorce proceedings u/s 28 of Special Marriage Act - Father/husband thus, had a remedy to approach same Court in terms of S.38 of Special Marriage Act, which passed the decree - Application filed by father u/s 25 of the Act is not..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Appearance of accused before Court after receiving notice from police station for filing of charge-sheet amounts to custody and his application u/s 439 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Directions issued: (i) Trial Courts are directed that when an accused appear before trial Court after receiving notice from police station for filing of charge-sheet, then on his appearance such accused person is deemed to be under custody of Court and his application u/s 439 Cr.P.C. is maintainable and he may not be..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Applicant is under apprehension of his arrest, therefore, his application u/s 438 Cr.P.C. is maintainable...........
Constitution of India, 1950, Article 226 -- Writ of habeas corpus - Husband seeking to regain his wife - Corpus is a major and is residing with her parents of her own will and she has already given a statement to police authorities that she does not want to live along with petitioner No.2 - Writ petition is not maintainable as a matter of course, ignoring that marriage..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Correction of error in restoration application for restoration of appeal dismissed in default - Court below committed error by rejecting said application for correction on the ground that said application was not maintainable rather application should have been filed under provisions of O.22.R.4 and O.6.R.17 CPC - Impugned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of four complaints - Joint petition for quashing of four complaints and four separate orders directing issuance of process against accused, is not maintainable - Petition for quashing dismissed...........
Constitution of India, 1950, Article 226 -- Writ petition for execution of Arbitral award - Not maintainable - Judgment creditor to file an execution proceeding before competent Executing Court...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Suit for mandatory injunction for seeking possession from a licensee or an unauthorized occupant is maintainable...........
