Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim relief - Even in absence of Domestic Incident Report a Magistrate is empowered to pass ex parte or interim relief as well as final order under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report (DIR) before passing any order under the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son and daughter-in-law - Respondents/senior citizens are admittedly owners of property in question - Though, appellants stated that they had contributed funds for purchase of property in question and construction thereon, however, nothing is on record to..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - No independent witness came forward in the case to support the factum of illegal relationship of wife with respondent no.2 - All the PWs are family members of husband - Even, husband failed to brought on record any proof regarding illicit relationship of wife - In order to make a legal ground in divorce..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - No restriction in O.8.R.1 CPC that after expiry of 90 days, further time cannot be granted - Court is having wide power to extend period of filing written statement, however, order cannot be made in a routine manner...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Interim order passed by Magistrate under PWDV Act cannot be said to be one of gross illegality or irregularity - Petitioner could very well approach same Court seeking order modifying or vacating..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 174 -- Non-cognizable offence - S.174(2) BNSS creates an embargo on police officer not to investigate the matter where non-cognizable offence is made out without an order by jurisdictional Magistrate, who has got power to try such offence or commit the case for trial...........
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..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Status quo order - Violation - Once petitioner has approached Court of competent jurisdiction with regard to grievance raised by him and matter is pending, then even if there are allegations of violation of order of interim injunction, trial Court is fully empowered to consider and decide the same in light of provisions..........
