Civil Procedure Code, 1908, Section 151 -- Child custody - Suspension of interim visitation rights granted to mother - Daughter of parties has voluntarily started residing along with her mother in the matrimonial home - However, younger son, aged about 9 years is residing with father - Daughter wishes to continue residing with her mother in matrimonial home in Court..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Petitioner appeared on the very next date of passing ex parte order - Court was obligated to permit petitioner to join proceedings at that stage - Ex parte proceedings set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction on basis of Will - For purposes of grant of interim injunction, it is sufficient that plaintiffs have a Will in their favour which prima facie establishes a case in their favour - Factum of veracity, authenticity and legality of Will is a matter of trial..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents in question were not produced due to lapses on part of previously engaged counsel - Petitioner was compelled to engage new counsel - Litigant should not be made to suffer for lapses of his counsel - Moreover, a lis should be decided on merits rather on technicalities - One last opportunity is thus,..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Criminal Procedure Code, 1973, Section 2(d), Protection of Women From Domestic Violence Rules, 2006, Rule 2(b) -- Complaint - Police report submitted after investigation under PWDV Act cannot be treated as a `complaint' for the purpose of taking cognizance under PWDV Act...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Mere fact that case is based on circumstantial evidence or that petitioner has lost faith in local police by itself, cannot constitute sufficient ground for such transfer...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Transfer of investigation from local police to independent agency i.e. CBI is to be exercised sparingly and only when there exist convincing circumstances indicating that police is unable to conduct a fair investigation...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Nothing on record to indicate that investigation has been carried out in violation of legal principles or that material evidence is being deliberately withheld or ignored - Merely because case put forth by petitioner has not been found to be true by Police, cannot be considered a cause, good..........
