Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance - Magistrate dealing with a petition claiming maintenance u/s 20(1)(d) of Domestic Violence Act, shall specify in the order under which provision whether u/s 125 Cr.P.C or u/s 20(3) HAMA,..........
Civil Procedure Code, 1908, Order 45, Rule 2 -- Appeal to Supreme Court against interim order passed by trial Court - Suit finally decided and decree not challenged further - Appeal dismissed as infructuous...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - JDs willfully violating the judgment and decree passed in favour of DH - Order of civil imprisonment and attachment of property of JDs is proper - However, one of JD being an aged lady exempted from being sent to civil imprisonment...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Probate proceedings - When intervenors are questioning the title of testator, they would be stranger to proceedings - Remedy for a person questioning title, existence of property, construction of Will relating to right title and interest of any persons lies in filing a separate suit or an application..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appointment of receiver - Injunction has already been granted - Appointment of Court receiver may not be correct order considering narrow dispute between parties - It would be appropriate to direct trial Court to determine the suit proceedings as expeditiously as possible - Moreover, there is a title document in respect of..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application rejected by trial Court on the ground that no reason has been given as to why documents could not be produced earlier at the time of filling of suit - Trial Court is proceeding in a totally unjustified and hasty manner without making any real effort to afford due opportunities to parties..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Inadvertent omission in the memo of parties - First appellate Court has erred in failing to notice that there was only an inadvertent omission in the memo of parties prepared by trial Court - However, First appellate Court could have either itself ordered the correction memo of parties of trial Court or directed..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Drill of S.202 Cr.P.C is mandatory in nature - Summoning order passed without following drill of S.202 Cr.P.C. set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Petitioner was aware of proceedings, as he earlier filed application for setting aside ex parte decree and remained unrepresented - Application was dismissed for non-prosecution and eviction order was passed - Grounds taken for setting aside ex parte decree that he was not aware of ex parte..........
