Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction should not be granted against a co-sharer, except in exceptional cases, and certainly not when issue of relationship and legitimacy itself is partly contested between parties...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - No independent witness came forward in the case to support the factum of illegal relationship of wife with respondent no.2 - All the PWs are family members of husband - Even, husband failed to brought on record any proof regarding illicit relationship of wife - In order to make a legal ground in divorce..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering with peaceful possession of plaintiff over suit property - Relationship between parties was of a licensor and licensee agreement - Actual possession remained with defendants - Licensee agreement specifically prohibited any changes in nature of property and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 376 -- (Bharatiya Nyaya Sanhita, 2023, S.64), Protection of Children from Sexual Offences Act, 2012, S.4, Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(v) - Anticipatory bail - Rape - Investigation of case stands completed and accused joined..........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Offence u/Ss. 498-A, 34 IPC and 4 DP Act - Complaint filed by transwoman - Transwoman in a heterosexual relationship, cannot be deprived of her right to lodge a complaint against her husband or relatives of her husband for the alleged offences...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - A parent would be in fiduciary relationship with an offspring only when child lacks legal capacity due to minority or disability and relationship discloses an absolute dependency on parents for decision making...........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
Indian Penal Code, 1860, Section 376 -- Rape - Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of State - Such conduct not only burdens Courts, but blots identity of an individual accused of such a heinous offence...........
Indian Penal Code, 1860, Section 376, 376(2)(n), 377, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of proceedings - Complainant engaged in a physical relationship alleging that appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in..........
