Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - At the instance of Egyptian national - Maintainability - Custody of child - Writ of habeas corpus is maintainable where it is proved that detention of a minor child by a parent or others was illegal and without any authority of law...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Marriage declared null and void - Appeal by wife thereagainst - Claim of wife for maintenance pendente lite is maintainable in such an appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed on the basis of dishonour of cheque for the second time - Fact of cheque dishonoured earlier concealed in the complaint - Cheque dishonoured for the second time was presented for encashment within its validity period of three months - Complaint is maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Suit is not maintainable, where plaintiffs failed to show their possession over suit property and failed to show their ownership...........
Constitution of India, 1950, Article 226, Insolvency and Bankruptcy Code, 2016, Section 32, 61, Companies Act, 2013, Section 419, National Company Law Appellate Tribunal Rules, 2016, Rule 150 -- Writ - Maintainability - Disputed questions of fact - Petitioners have alternate and equally efficacious remedy of filing appeal to NCLAT and in that appeal, it can raise all..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Sale deeds in question executed prior to coming into force of the Act - Complaint u/s 23 of the Act is thus, not maintainable to declare sale deed as void...........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad takseem - Plea of petitioner that order of Collector allowing appeals was without jurisdiction - However, he never objected to maintainability of appeals - Appeal before Collector could have been objected to after the same was filed - If such a objection had been raised it may have been held that post issuance of sanad..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of Habeas Corpus is maintainable at the instance of prisoner if his fundamental rights are violated...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Pre-mature release of prisoner - Writ of Habeas Corpus is not maintainable for securing pre-mature release of convicted prisoners...........
