Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Accused subjected deceased to mental and physical cruelty - Pattern of behaviour shown by accused amounts to "willful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health," as defined u/s 498-A IPC - Incidents of sustained cruelty and..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note/facebook status and other evidence do not establish such a link between petitioner's actions and deceased's suicide - There is no allegation against petitioner of a nature that deceased was left with no alternative but to commit unfortunate act of committing suicide - Therefore, based on the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Custody of child -- Interim custody period of 15 days granted to father - Younger of two children being son aged about three years, has hardly lived with his father who lives and works in Singapore - Thus, directing custody of tender aged boy to be assigned to father, even on an interim basis for a period of 15 days each month, is grossly unjustified and may have serious..........
Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Fine is not an alternative to imprisonment...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - School records - Mere presence of alternative dates in other documents does not by itself invalidate the school records, unless proven to be forged...........
