Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of Civil Court jurisdiction - Amongst several prayers in a suit if for single prayer suit is maintainable, plaint cannot be rejected - Suit shall stand for that prayers to be maintainable before civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Ancillary prayer which may be viewed ousting jurisdiction of Civil Court, for rest of the prayers, suit is maintainable and entertainable - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13A -- Transfer of petition u/s 13-A of the Act - Wife sought transfer of matrimonial proceedings at the place of her residence - Distance between place of residence and place of proceedings is about 110 kms - Wife is living at mercy of her aged parents and there is none who can accompany her to such..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Appointment of Local Commission - Application allowed - Revision thereagainst is maintainable even if jurisdiction has been exercised illegally and with material irregularity...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Court where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty, would have jurisdiction to entertain complaint alleging commission of offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction of Court - Sending SMS to different girls for marriage proposal by husband prima facie disclose mental torture upon wife and thereby such mental torture can be well said to have taken place at the parental house where wife is residing - SDJM..........
Constitution of India, 1950, Article 12 -- State - Indian Association for Cultivation of Science (IACS) is a State within the meaning of and for purpose of Art.12 of Constitution of India as it is financially, functionally and administratively is under the control of Government of India, as such it is amenable to writ jurisdiction of High Court...........
Succession Act, 1925, Section 371, 5 -- Succession certificate - Amount lying in bank of UK - Deceased was a resident of Mumbai and passed away in Mumbai - Law of succession applicable to deceased's debts, moveable property, securities etc. as lying in Bank in UK, would be regulated by Indian Law as more particularly provided in S.5 of the Act - Objection of testamentary..........
Service -- Removal from service - Petitioner deliberately suppressed the material fact that a criminal case is pending against him at the time of his enrollment in CISF - He having been found to have committed gross misconduct right at threshold of entering into CISF, authorities rightly passed the order of his removal from service after following due process of law and..........
