Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Where a person creates, by transfer, a right at different times, in the same property in favour of different persons, the person to whom it was first transferred would have a first right over any subsequent rights created subsequently in favour of other persons...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Civil Procedure Code, 1908, Section 10, Maharashtra Co-operative Societies Act, 1960, Section 101, 91 -- Stay of subsequent suit - Petitioners seeking stay of proceedings u/s.101 of the Act till adjudication of dispute u/s.91 of the Act - Co-operative Court adjudicating dispute u/s.91 of the Act and Registrar of Co-operative Societies considering issuance of recovery..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Succession Act, 1925, Section 299 -- Grant of probate - Appeal - Impleadment of subsequent purchaser - Applicant claimed to have acquired right, title and interest from beneficiaries/legatees under Will - He is neither a proper nor a necessary party to be added in appeal - Applicant thus, not allowed to intervene or added as a party...........
Bank -- Net Banking fraud - Siphoning of Rs.Thirty lakhs - School never approached bank for net banking facility - Account of school tagged with personal account of school principal - Bank rendered themselves liable by enabling net banking facility by linking the individual account of School's Principal to the School's account - Complicity of Principal of school not found..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent developments - Amendment sought relate to certain subsequent developments which may have material bearing on dispute between parties - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Period of 2 years of desertion on part of wife had not expired on date of presentation of plaint - Precondition provided u/s 13(1)(ib) of the Act, therefore, was not fulfilled on date of presentation of suit - Subsequent events which have taken place after institution of suit are..........
