Custody of child -- Claimed by mother - Writ of habeas corpus - Custody of children with their father and grandparents cannot be held to be unlawful or illegal, as children have crossed the age limit of 5 years - Moreover, children expressed their desire to live with their father and grandparents - It cannot be held that custody of children with their father and..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Affidavit disclosing assets and liabilities not filed by husband - Order granting maintenance to wife set aside - District Judge directed to re-decide the application subject to directing husband to file affidavits in compliance with judgment of Rajnesh and Neha and to decide the same afresh, preferably..........
Court Fees Act, 1870, Section 7(V)(I)(c) -- Court fee - Valuation of suit - Aspect of circle rate as notified by Collector of district cannot be a valid proposition for determining market value of a suit property, as such assessment is only for purposes of registration of deeds and imposing stamp duty by revenue authorities...........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9, 25 -- Transfer of application u/s 25 of Guardians and Wards Act - Minor son is residing with his mother at Sriganganagar - Application for guardianship of minor shall be made to District Judge having jurisdiction in the place where minor ordinarily resides - Moreover, other proceedings..........
Arbitration and Conciliation Act, 1996, Section 34 -- Application u/s 34 of the Act - Jurisdiction of Court - Where High Court has no original jurisdiction, concerned District Court can be said to be Court - Proceedings u/s 34 of the Act against award passed by arbitrator shall lie before concerned District Court as defined u/s 2(e) of the Act...........
Contempt of Courts Act, 1971, Section 16 -- Contempt of Court - Suo motu initiation of contempt proceedings - Pronouncing of final judgment by Court of CJM stayed by High Court on 13.02.2015 - Accused convicted on 18.02.2015 - Order passed by High Court on 13.02.2015 conveyed by email to District and Sessions Judge on 19.02.2015 and by ordinary post which reached Sessions..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition (c) restraining applicant from entering into Districts of Bellary in Karnataka and District of Ananthapuram in Cuddapah in AP - Modification of condition - Investigation was carried out by CBI - Most of the witnesses are from said Districts - There is serious apprehension on part of CBI that if..........
Consumer Protection Act, 1986, Section 21 -- Medical Negligence - Award of compensation of Rs.One lakh by District Forum - Order not challenged by consumer - Order became final - In a revision filed by respondent State Commission confirmed the order passed by District Forum - National Commissioner while dismissing revision, enhanced the compensation from One Lakh to ten..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Booking of new car - Delivery of "Demo Test Drive Vehicle" - Amounts to unfair trade practice - District Forum and State Commission directed dealer to give delivery of new car with costs - National Commission modified the order and directed to pay compensation in the sum of Rs.1 lakh - Appeal allowed..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - National Commission can interfere in revision where it is found that State Commission has exercised its jurisdiction not vested in it by law or has exercised its jurisdiction so vested illegally or with material irregularity - In exercising revisional jurisdiction, National..........
