Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
National Green Tribunal Act, 2010, Section 14 -- Jurisdiction of Tribunal - Tribunal has no jurisdiction to direct removal of encroachment which was raised in violation of laws not specified in Schedule I to the Act - Order passed by Tribunal is therefore, without jurisdiction, hence set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Application filed by defendant at the very initial stage - Application has to be filed at the time of leading evidence - Order allowing application set aside - Report of Local Commissioner discarded...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim relief - If Magistrate has jurisdiction under provisions of the Act to pass an injunction order, Magistrate also has power to vacate or modify the same if it causes prejudice to another - Therefore, it is duty of very same Court to redress said grievance instead of directing aggrieved party to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Order granting temporary injunction to plaintiffs in respect of an area beyond the land allotted to plaintiff is a perverse order - Appellant Court rightly set aside order of trial Court granting temporary injunction...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC does not apply to filing documents before appellate Court while challenging validity of an order of temporary injunction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction - Conduct of defendant in instituting a separate suit after grant of injunction in favour of plaintiff, while concealing earlier injunction order and securing an ex parte order which was subsequently vacated, lends support to inference that defendants attempted to disturb settled possession of plaintiff rather..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 302 -- Production warrant - When formal arrest of an accused is recorded pursuant to an order/production warrant issued u/s 302 BNSS, there is no requirement to inform him of grounds for his arrest separately - Order/warrant in Form No.37 itself is sufficient to comply with requirement - However, even in such cases,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
