Civil Procedure Code, 1908, Order 21, Rule 16 -- Execution of decree sought by assignees - Non-issuance of notice to original DH - Assignees not only purchased the property but they also holding deed of assignment of decree - They held, entitled to file execution petition - Non-issuance of notice to original DH, would not render the execution petition not maintainable...........
Constitution of India, 1950, Article 226, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 1, 5 -- Writ - Maintainability - Suppression of material facts - Cancellation of lease agreement - Suppression of all the fact cannot be said to be a ground for dismissal of writ petition except if the suppression is material one - Petitioner suppressing..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Order allowing application u/s 311 Cr.P.C - Appeal against such interlocutory order is barred u/s 21 of National Investigating Agency - Writ petition u/art 227 of Constitution against such order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 - - Appeal - Filed by son of senior citizen - Maintainability - Act provide for right to appeal to any of affected parties - Appeal is maintainable at the instance of son of senior citizen...........
Extradition Act, 1962, Section 7, 10, 17 -- Extradition - Challenge against enquiry report - Extradition to Thailand for offence of murder - Plea of petitioner/accused that since enquiry report was not given to him on time he could not file his written statement - He also pleaded that despite having spent nearly four years in custody in India, there is no mention of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Constitution of India, 1950, Article 227 -- Writ petition - Maintainability - Writ Petition u/art 227 of Constitution challenging orders passed by Civil Courts refusing to grant interim injunction U.O.39.Rr.1, 2 CPC, is maintainable...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Application for DNA test of child filed by father was allowed - Thereafter present revision petition by mother - Husband did not plead no, access - He admitted that he had physical contact with his wife - Wife agreed to undergo DNA test as it would establish her chastity as a true wife - Wife did not file..........
