Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Fraud - Suppression of earlier marriage by wife - Petition filed by husband after gap of one year from alleged date of fraud - In view of limitation provided u/s 12(2) of the Act petition is not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Objection U.O.8.R.10 CPC - Order of Court below accepting written statement is in the nature of interlocutory order and order rejecting application U.O.8.R.10 CPC is only consequential, therefore no appeal is maintainable against such order...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that adoption deed is void - Maintainability - Adoptee was 32 years of age at the time of adoption and age difference between adopted mother and adoptee was less than 21 years - Adoption was void in eyes of law - Suit for declaration thus, definitely appropriate remedy to question validity of such an illegal..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide requirement - Mere desire is distinct from a bonafide need - Eviction petition u/s 14(1)(e) of the Act would lie if there is a bonafide necessity as distinct from a mere desire for which a petition would not be maintainable...........
Customs Act, 1962, Section 27, 17, Central Excise Act, 1944, Section 11(b), Customs Tariff Act, 1975, Section 3(1) -- Claims of refund of duty - No challenge to order of assessment - Refund application - Held, that claim for refund cannot be entertained unless order of assessment or self-assessment is modified in accordance with law by taking recourse to appropriate..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 11, 12(3)(b) -- Rent and eviction - Arrear of rent - Declaration suit has resulted in a compromise - Parties have filed before Court consent terms - Despite consent, tenant applied for having standard rent fixed - Said application was dismissed - Trial Court rightly held that application is not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - Unless and until there is evidence in support of such pleading that claimant is not a legal representative, claim petition cannot dismissed as not maintainable...........
Hindu Marriage Act, 1955, Section 24, 26 -- Order passed u/ss 24, 26 of the Act - Appeal against an order u/s 24 of the Act itself does not lie - However, since order passed both u/ss 24, 26 of the Act, appeal against the said order is maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
