Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 5 -- Cancellation of transfer deed in favour of daughter - Property of mother - Transfer deed contains no recital or stipulation indicating that transfer was conditional upon transferee maintaining or providing basic amenities to transferor - However, transfer was part of a family arrangement,..........
Religious practices -- Long run customs, practices and rituals - Discontinuation/alteration of rituals/pooja on the ground of public inconvenience - Any ritual which is being performed at any place or site of worship as part of long standing tradition and has assumed religious significance, ought not to be unsettled on the apprehension that there would be potential public..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff had themselves raised construction over part of suit property and were also cultivating portions of suit property - Therefore, they could not restrain defendant from raising construction or putting a wire around the suit property in her possession - Suit property has been..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have amicably settled the dispute in National Lok Adalat, terms whereof have also been reduced into writing and signed by both the parties - Appeal against dismissal of divorce petition thus, decided in terms of compromise arrived at between parties - Compromise which was recorded in National Lok Adalat shall form..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Open fight followed the scuffle during which two opposing factions were giving blows and hits to each other - There was no such sudden provocation at the place of occurrence which necessitated him to act in the manner he did and caused the death of deceased - Appellant might have been deprived..........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Disputed agricultural land has already been sold out by respondent Nos.4 and 5 to respondent No.8 - Plaintiffs have not shown that they are entitled to any protection u/s 53-A of Transfer of Property Act, as they have not taken possession or performed their part of contract - Plaintiffs have not..........
Constitution of India, 1950, Article 226 -- Writ petition - Where an efficacious alternate remedy is available, High Court should not entertain a writ petition u/art 226 of Constitution in matters falling squarely within the domain of Tribunals - However, a writ petition u/art 226 may still be maintainable notwithstanding existence of such an alternative remedy in..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of CCTV footage and colour photographs which is part of challan - Denying supply of the same will amount to withholding opportunity of a fair trial - Trial Magistrate directed to supply of copies of pen drive and photographs to petitioner before framing of charge...........
