Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Meaning - House belonging to husband or taken on rent by him or house which belongs to joint family of which husband is a member - Property in question neither belongs to husband nor was it taken on rent by him, nor it is a joint family property of which he is a member - Merely because..........
Hindu Marriage Act, 1955, Section 13B(1) -- Divorce by mutual consent - Parties came to an amicable settlement during pendency of appeal filed against dismissal of petition u/s 482 Cr.P.C. for quashing criminal proceeding initiated by wife - An amount of Rs.15/- lacs was agreed to be paid by husband to wife towards alimony, maintenance (Past, present and future) - Rs.5..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg of heroin - Joint offer made to appellants regarding option of being searched by a Magistrate or a Gazetted Officer, does not meet the parameters of S.50 of Act - Accused acquitted...........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Co-owner -- To constitute co-ownership, there must be an equal right to possession of every part and parcel of subject matter - Joint possession is not essential - Only unity of right of possession is required...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference warranted - Petition..........
Partition -- Co-sharers, coparcener, co-owner or joint owner - Factors to be taken into consideration by Court while deciding the suit : (1) the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties, whether it was his/her self-acquired property or ancestral..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 482 -- Seeking Direction of registration of Criminal Complaint - Petitioner alleges that respondent had produced some impersonator on her behalf and opened an account in a bank and thereafter misappropriated the amount deposited in the joint account - Fact that Criminal case of cruelty has been registered against petitioner and her..........
Agreement to sell -- Specific performance - Property is joint Hindu Family Coparcenary property of defendants and was being used as dwelling house - No partition has been effected among legal heirs - Suit for specific performance of agreement was filed by plaintiff - Possession cannot be done without partition...........
