Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - Suit for permanent injunction - Claim of plaintiffs is based on registered Will executed by `K' in their favour - However, concurrent findings of two Court below that plaintiffs failed to established that said `K' was ever owner of property and he had a right and title vested..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction - Two Courts having jurisdiction - Parties by consent can confer exclusive jurisdiction on one of the two Courts...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of Courts below are not only based on evidence on record but same are correct findings - There is neither any misreading nor any mis-appreciation of pleadings or evidence on record, nor it can be said that findings returned by both the Courts below are dehors pleadings and evidence on record - Second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - In a proceeding u/s 125 Cr.P.C, which is primarily of civil nature strict rules of evidence are not applied by Court rather Courts act on basis of preponderance of probability which would have a positive element of happening of a certain fact...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in already in custody - He could not approach Courts of Sessions on account of lock down consequent to COVID-19 scare - High Court has power and jurisdiction to entertain bail application directly without compelling accused to first approach Court of Sessions, as per directions of Supreme Court - Applicant is..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 10 -- Transfer of proceedings - Proceedings u/ss 125, 127 Cr.P.C - S.407 Cr.P.C apply to transfer of proceedings u/ss 125, 127 Cr.P.C, as per S.10 of Family Courts Act - Application u/s 24 CPC held, not maintainable against proceedings u/ss 125, 127 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(s), 3(2)(va) -- Bail - Offence u/ss 3(i)(s), 3(2)(va) of SC/ST Act - Petitioner has no criminal history - Custodial interrogation of petitioner is not going to serve any purpose - Moreover, Courts cannot be mute spectators, even when from..........
