Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two minor daughters - Curtailment of right of husband to cross-examine PWs makes the testimony of PWs go totally unrebutted - Order passed by Family Court curtailing the right of husband to cross-examine PWs examined by wife to prove her entitlement to claim maintenance from her husband set aside -..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - In consumer disputes, value of claim is determined not just by amount deposited but by aggregate relief sought which includes compensation and other claims...........
Consumer Protection Act, 1986, Section 21(a)(i) -- Pecuniary jurisdiction of National Commission - Claim made by complainant was not limited to deposit amount alone but also included compensation for mental agony, harassment and loss of income which brought the total claim well above Rs.1 crore - In consumer disputes, value of claim is determined not just by amount..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Mere fact that widow daughter-in-law was living separately that too with her parents, may not be circumstance as may disentitle her to claim maintenance from her father-in-law in entirety...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - It is not mandatory that for a daughter-in-law to claim maintenance, she must first agree to live at her matrimonial home...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law from father-in-law - Father-in-law is 70 years old and is himself dependent on his sons - However, he has agricultural holding in his name - Daughter-in-law has not remarried and is living with her parents - She is thus, entitled to claim maintenance from her father-in-law by..........
Court Fees Act, 1870, Section 7(iva) -- Court fee - Suit filed to declare Will to be void and restraining others to claim any right over half of property referred in Will deed - Suit filed after death of testator is having money value and Court fee is liable to be paid in view of S.7(iv-a) of the Act...........
