Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 230 -- Documents - Supply of copy to accused - Magistrate is bound to supply copy of police report and other documents to accused - Magistrate directed to comply with provision of S.230 BNSS and supply documents to petitioner as prayed for within a period of four weeks from the date of passing of order...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 24, 27 -- Award of Rs.50,00,000 as permanent maintenance and a sum of Rs.40,000/- per month as maintenance - Appeal thereagainst - Appellate Court passed a conditional order to stay operation of trial Courts order subject to payment of Rs.22,000/- p.m. as maintenance - Merely because salary of husband stands..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized funds - Main accused is absconding and role of respondent No.2 can only be ascertained once main accused is arrested - Release of sale value of concerned shares in favour of respondent No.2 may cause an irreparable loss to appellant and vitiate the entire investigation - Moreover, when investigation is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that Sanad Takseem and mutation on basis of instrument of partition is illegal, null and void - Plaintiff was proceeded ex parte by Revenue Court in partition suit - If plaintiff is aggrieved by order passed by revenue authorities, then remedy available to him is to file appeal before superior Revenue Court -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1) -- Proviso - Cognizance of offence - Opportunity of being heard was not given to accused before taking cognizance of offence on complaint - There is thus, non-compliance of S.223(1) proviso BNSS - Order taking cognizance set aside...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for specific performance - Application filed by defendant to place on record family settlement - However, there is no reference of said family settlement in written statement - Parties had already closed their evidence at the time of filing of application - Even, part arguments had already been heard -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
