Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Suit for divorce filed in the year 1993, when wife was 23 years of age - Wife is at present 47 years - Salary of husband Rs.41,203/- - Held, considering age and status of husband, ends of justice would be better served, if an amount of Rs.12,36,000 (i.e. 25% of salary x 12 x 10) is granted to wife towards..........
Criminal Procedure Code, 1973, Section 482, Arms Act, 1959, Section 25 -- Quashing of FIR - Recovery of two live cartridges without requisite licence from accused's baggage - Conscious possession - Accused was not aware of presence of live cartridge in his bag and had absolutely no knowledge of the same till it was detected by security personnel during screening of baggage..........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25 -- Court fee - Calculation of - Suit for cancellation of sale deed on ground of invalidity - Proper valuation of suit property stands on different footing than applicability of particular provision of Act under which court fee is payable - In such situation, court fee cannot be determined on basis of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 323, 34, Arms Act, 1959, Section 25 -- Anticipatory Bail - Accused remained in detention for more than two months till their release on bail by trial Court - Initially Section 307 IPC was invoked in FIR and dropped at later stage on basis of initial MLR of victim but subsequently re-added in..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 120B, 148, 149, 186, 188, 307, 353, 395, 427, 436, 452, Arms Act, 1959, Section 25, Prevention of Damage to Public Property Act, 1984, Section 3, 4 -- Bail - Jat Agitation - CBI even after more than one year of arrest of petitioners and registration of case is still on investigation track - CBI is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 216, 323, 325, 307, 148, 149, 506, 120B, Arms Act, 1959, Section 25 -- Bail - Accused had fired gunshot at complainant, but complainant was not injured with such gunshot and in fact no empty cartridge has been recovered from place of occurrence - Eyewitness in his statement has nowhere stated that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 336, 34, Arms Act, 1959, Section 25, 27 -- Bail - Complainant states that accused fired shot which hit left foot of his daughter - From allegations in complaint it is apparent that shot which hit daughter of complainant was not fired by accused - Petitioner submits that two years ago, victim..........
Arms Act, 1959, Section 25, 27, 30 -- Sanction - At time of seeking sanction from competent authority, neither alleged arms nor cartridges were produced before competent Authority and consequently, sanction was not valid in eyes of law...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20, 25 -- Ex parte decree - Setting aside - Some of the defendants residing out of country - Procedure U.O.5.R.25 to be followed - Court committed serious illegality in ordering publication of notice in local newspaper - Ex parte decree set aside...........
