Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff leased out the suit property to defendant no.1 and also empowered him to lease out the same to second defendant for the purpose of putting up a retail outlet - No case is made out that defendants intended to sub-lease the suit property to any other third party - While the plaintiff consented for..........
Civil Procedure Code, 1908, Section 152 -- Errors in description of suit property - Executing Court can change the boundaries of decreetal property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate properties mentioned in written statement - Since suit is for partition and permanent injunction, all the disputed properties should have been included in the suit - Same would not change the nature of suit - Application allowed for including additional..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 13 -- Domestic violence - Directions issued to Magistrates in the States of Punjab and Haryana i.e (i) in case of petition u/s 12 of the Act, all the respondents may not be mechanically issued notice u/s 13 of the Act - Notice at the first instance may not be issued to distant relatives - Magistrate is..........
Indian Penal Code, 1860, Section 379B, 411 -- Offence u/ss 379-B, 411 IPC - Reduction of sentence - Accused has already faced agony of protracted trial since 2019 - He is the sole bread winner of his family and has to look after his old aged parents - Moreover, accused has already undergone actual sentence for a period of 4 years 6 months and 20 days out of total..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Father was granted physical access of minor daughter on weekends and video access of alternate days - Both the parents are working - Paternal grandmother is a political figure and due to her social work, she was unable to spend time/take care of 9 years old child -..........
Criminal Procedure Code, 1973, Section 438 -- Successive anticipatory bail applications - Law as to: (i) Second/successive anticipatory bail petition filed u/s 438 Cr.P.C, is maintainable in law and such petition ought not to be rejected solely on the ground of maintainability; (ii) Such second/successive anticipatory bail petition(s) is maintainable whether earlier..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n), 354A, 511 -- Second anticipatory bail application - Attempt to rape of daughter by father - First anticipatory bail application was dismissed as withdrawn - Second anticipatory bail application filed solely on the ground that accused has come into possession of certain photographs which..........
Mutation -- Challenge as to - Mutation is entered by revenue authorities in order to upgrade the revenue record - This is a natural consequence of change of ownership either by way of any written instrument like sale deed, gift deed or on account of succession by virtue of natural succession or Will - It was thus, not necessary to formally challenge mutation in a suit for..........
