Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Posting an application for anticipatory bail after a couple of months cannot be appreciated - If the main application could not be disposed of for any reason, within stipulated time, relief sought for in interlocutory application shall be considered on its own merits - High Court requested to dispose of..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Deed of conveyance executed in favour of person shall not be cancelled without putting person on notice...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and cancellation of three sale deeds - Contention that partition suit was already filed by defendants regarding suit property and decree in present suit will have an adverse impact and barring in trial of said suit - Contention rejected, as said suit has nothing to do with present suit and even earlier..........
Court Fees Act, 1870, Section 7(iv)(d) -- Court fees - Suit for prohibitory and mandatory injunction - Immovable property subject matter of suit - Valuation of suit has to be decided primarily with reference to the relief/reliefs claimed and not as per market value of property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Nature of proceedings under the Act - Depends upon nature of relief sought and not upon nature of forum - A proceeding that deals with right of civil nature does not cease to be so just because the forum for its enforcement prescribed by the statute is Criminal Court...........
Protection of Women From Domestic Violence Act, 2005, Section 28(2) -- Proceedings under the Act - Even though S.28(1) of the Act provides that all proceedings u/ss 12, 18 to 23 of the Act and for offence u/s 31 of the Act shall be governed by provisions of Cr.P.C, Court can still lay down its own procedure while dealing with applications u/s 12(1) of the Act or while..........
Specific Relief Act, 1963, Section 31, Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale deed - Cancellation sought on ground of inclusion of share of minor - Property sold for benefit of minor - Separate cheques issued by purchaser as per demand of seller wherein specified amount is shown as per proportionate share in property - Suit not filed by natural..........
