Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Executing Court can dismiss an execution application if decree put to execution is unmistakably found to suffer from an inherent lack of jurisdiction of Court that made the same rendering it a nullity in the eye of law...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Deciding a case without first adjudicating on its competence to decide such controversy, amounts to decision rendered on an illegal and erroneous assumption of jurisdiction and can be assailed as lacking of inherent jurisdiction and treated as a nullity in the eye of law - Decree drawn up based thereon is..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
Allotment of land -- If any allotment had been made contrary to existing policy and rules, same would not form a basis of benefit being extended to another society as under law negative parity is not recognized or approved rather it is disapproved...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Scope of the Act - Use of words "more effective protection to women" in the Act means that where a sufferer has a right to obtain maintenance as provided in criminal law or in civil law or personal law and that she has been subjected to domestic violence from a person who stood in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation being a mixed question of law and facts, has to be decided after considering the evidence of parties and hearing them after framing an issue as to limitation - Application dismissed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Mother-in-law has no right to prosecute father and brother of her daughter-in-law under the Act, as they do not come within purview of definition of respondent, since they do not qualifying domestic relationship criteria - Even the definition of `shared household'..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Complaint by mother-in-law under the Act is maintainable against her daughter-in-law, subject to satisfaction of other criteria...........
Criminal Procedure Code, 1973, Section 200, 202 -- Summoning of accused without recording evidence u/ss 200, 202 Cr.P.C is against the mandate of law - Summoning order quashed...........
