Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 5 -- Maintenance to mother - Liability of children - Question of payment of maintenance to parents is not dependent upon the fact that how much property has been given to children - It is the duty of children to maintain their parents - If petitioner/son is aggrieved by unequal distribution of land,..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Making of a false document is a sine qua non for constituting offences in question...........
Indian Penal Code, 1860, Section 467, 468, 120B -- Offence u/ss 467, 468, 120-B IPC - Quashing of FIR - No allegation against petitioner of making any false document or committing any forgery - Even if entire allegations made against petitioner in the FIR are considered to be true in their entirety still the offences in question not made out against petitioner - FIR..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Mere fact that civil suit for cancellation of settlement deed is filed, it cannot be said that complaint in question is not maintainable, particularly when such suit was filed after lodging of complaint in question...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Raising of a new plea at the second appellate stage would not be proper and that would not give rise to a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
