Constitution of India, 1950, Article 226, 227, 228 -- Writ petition - Locus standi - There is no provision under Rules of High Court of Kerala enabling a non-party spouse to file a writ petition on behalf of a party spouse, without a duly executed power of attorney, in the status of an agent...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Status report shows that DNA of petitioner was found in salwar and vaginal swab of victim - Prima facie, there is sufficient material to connect petitioner with commission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has nowhere stated in his notice that he wanted to break-up martial status, but he expected from wife to come back to her matrimonial home and live with husband - This clearly indicates that husband has condoned the cruel conduct, if any of wife - Despite that wife has..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Order is binding upon the parties to the litigation...........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Defendant No.3 executed agreement to sell in favour of plaintiff on the basis of prior agreement to sell executed in his favour by defendant Nos.1 and 2 - Defendant No.3 has only agreed to assign plaintiff the rights that he may obtain as per prior agreement in his favour for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Court while determining quantum of maintenance has to consider factors like : (a) Residential comfort; (b) Health care standards; (c) Social and economic status of both parties; (d) Qualification and employment; (e) Sources of income and assets; (f) Marital standard of living bench mark; (g)Inflation...........
Will -- Deprivation of wife - Denying status of wife - Testator has nominated wife to receive pension - It demonstrates testator's conduct in accepting wife as his lawfully wedded wife - This circumstance gives rise to serious doubt that Will was executed as per dictates of testator...........
