Custody of child -- Writ of habeas corpus - Habeas corpus is usually applied to secure release of a person unlawfully detained, but it can also be used to ensure a child's safety and protection - However, habeas corpus does not involve detailed inquiry into welfare and best interest that is central to guardianship proceedings - Therefore, while habeas corpus can serve as..........
Civil Procedure Code, 1908, Order 21, Rule 58, Constitution of India, 1950, Article 227 -- Order returning claim petition with an office objection - Writ petition - Maintainability - When claim petition was presented, trial Court returned the same with an office objection - Instead of representing the petition and invite an order from executing Court, petitioner hastened..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit filed for possession along with other reliefs which means that on the date of filing of suit, plaintiff was not in possession - Since there was no possession with plaintiff as such he cannot derive any benefit under the doctrine of part performance...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal with condition to deposit Rs.1 lakhs - Appeal is not likely to be decided in near future - Appellant had undergone custody of two years, seven months and two days - Imposition of condition to deposit Rs.1 lakhs as condition for release would defeat the suspension, as..........
Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Unauthorised construction -- High Court vide impugned order took appropriate action against unauthorized constructions across the city of Calcutta - It is thus, high time that High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law...........
Environment clearance -- National Green Tribunal (NGT) should act within contours of powers conferred on it which is S.15 of the NGT Act - Though such power would be available to a Court constituted under PMLA or to constitutional Courts, it would not be available for exercise by NGT, constituted to ensure effective and expeditious consideration of cases relating to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Indian Penal Code, 1860, Section 353, 350 -- Assault - Criminal force as contemplated u/s 353 IPC means criminal force exercised against a person and not against an inanimate object or substance...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is mandatory as Court has to reject plaint in case on a meaningful reading of plaint, it is found that suit does not disclose right to sue, a cause of action or suit is barred by any law...........
