Criminal Procedure Code, 1973, Section 372, 2(wa) -- Appeal against acquittal - At the instance of witness who cannot be termed as victim is not maintainable and ex facie barred u/s 372 Cr.P.C...........
Family Courts Act, 1984, Section 7(g), Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - No part of claim falls in territorial jurisdiction of Delhi, as child was born in and continues to reside in Guwahati Assam - Act of deprivation of minor's custody and residence, thus, arose at Guwahati Assam - Petition for custody of child thus,..........
Constitution of India, 1950, Article 226 -- Habeas corpus - Petition seeking custody of a minor child is maintainable u/art 226 of Constitution...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-sharer - Suit for perpetual injunction - Suit plots are not within vicinity of plaintiff's house and homestead - Said plots not even indispensable for use and occupation of dwelling house of plaintiff and his co-sharer - Suit u/s 44 of the Act held, not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Joint property - Suit for declaration without filing suit for partition in respect to undivided property is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Cheque issued in the name of Partnership Firm - Cheque dishonored - No Statutory notice was given to Partnership Firm and even Partnership Firm was not made as an accused in complaint - Only partners were shown as accused in complaint - Complaint held, not..........
Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, Section 46 - - Jurisdiction of civil Court - Civil Court has no jurisdiction to challenge the decision of Competent Authority under the Act in view of bar u/s 46 of the Act - Civil suit held, not maintainable...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Rent and eviction - Exercise of revisional jurisdiction - Appeal is maintainable against an order which otherwise decides fate of parties and are not otherwise excluded under the Act, all other interlocutory orders are amenable to revisional jurisdiction of High Court...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Revision - Preliminary issue decided against tenant - Maintainability of revision petition - Admittedly, tenant and his wife purchased 1/3rd share in demised premises - However, despite that status of tenant as a lessee does not get merged into status of a co-sharer - Said adjudication decided fate of parties..........
