Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Constitution of India, 1950, Article 226 -- Writ petition - Unless, any of exceptions (Challenge to an act/order grounded on (i) breach of a Fundamental Right; (ii) violation of natural justice principles; (iii) lack of jurisdiction; and (iv) unconstitutionality of a statute) is satisfied, that a writ Court may refuse to entertain a writ petition...........
Constitution of India, 1950, Article 226 -- Writ petition - If statutorily designated alternative forum happens to be High Court itself whose jurisdiction u/art 226 is invoked and not any ordinary statutory functionary/tribunal, refusal to entertain petition should be the rule and entertaining it an exception...........
Constitution of India, 1950, Article 226 -- Writ petition - If an alternative remedy is available to a party before High Court in another jurisdiction, writ jurisdiction should not normally be exercised on a petition u/art 226 of Constitution for that would allow machinery set up by concerned statute to be bye-passed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Order of summoning - Revoking his own order by Magistrate - Magistrate, after obtaining the response from the husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings - Magistrate is..........
Live-in-relationship -- If petitioners are already married and have their spouse alive, he/she cannot be legally permitted to enter into live-in-relationship with a third person without seeking divorce from earlier spouse - He/she first has to obtain decree of divorce from Court of competent jurisdiction before solemnizing marriage entering into live-in in a relationship..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Jurisdiction of Court - Where property is situated, execution proceedings will lie at that particular place anywhere in India...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Grant of about 25% of net salary of husband - Order challenged on the ground that wife herself deserted husband - Unless husband is able to get a declaration in his favour in Matrimonial Case filed u/s 9 of Hindu Marriage Act and wife fails to justify her desertion, any challenge to maintenance order is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 106 -- (Criminal Procedure Code, 1973, S.102) - Freezing of bank account - Bank has acted in accordance with law in freezing petitioner's account pursuant to directions issued and request made by Cyber Crime Department and if petitioner is aggrieved by freezing and wants to get her account defreezed, it is open to her to..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9 -- Transfer of petition for custody of child - Jurisdiction of Court - Both the parties are residing at place `M' - No purpose would be served for both the parties to travel to place at `B' to prosecute custody petition - Custody petition and divorce petition transferred to District and..........
