Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation report is already on record - No objection was filed by petitioner to said demarcation report - Neither report of Local Commissioner nor evidence given by said local Commissioner including cross-examination has been placed on record to even remotely show that demarcation was not..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Objection as to territorial and pecuniary jurisdiction of first appellant Court has to be taken at the earliest point of time in first appeal - Objection having not taken before first appellate authority, cannot be allowed to be taken at a subsequent stage in second appeal...........
Civil Procedure Code, 1908, Section 21 -- Objections to jurisdiction - Objections regarding place of suing shall not be allowed unless such objection is taken in the Court/Tribunal of first instance at the earliest possible opportunity...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Objections - When decree was passed a charge had been created for the decree debt over the property, which was mortgaged - If so, in the absence of any attachment existing over the property, there is no question of any claim or objection being raised U.O.21.R.58 CPC - Claim petitioners cannot in the guise of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Arrears of maintenance - Have preferential right over the assets of the husband, over and above, the rights of a secured creditor or similar right holders, under any recovery proceedings - Wherever such proceedings are pending, that forum is directed to ensure that arrears of maintenance, are released forthwith -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Rent petition - Objection taken qua original landlord that he is not the landlord - Such objection holds good for his legal heirs - There is no need to incorporate a plea qua L.R's not being landlords - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 80(1) -- Notice - Provision of S.80 CPC is mandatory but the same can be waived by defendant - Defendant when waives the requirement of issuance of notice by not raising objection in the written statement then plaintiff cannot be non suited on the ground of non service of notice on the defendant prior to institution of suit...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Objection regarding proceedings instituted by father at the instance of other son - No evidence or material on record that proceedings instituted by father are proxy proceedings instituted by him for the benefit of other son - Merely because other son may..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Summary proceeding under the Act may remain subject to the out come of any civil suit wherein larger issues and other rights may be involved - Therefore, merely because civil suit is already pending between parties, objection of petitioner that authorities..........
