Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights - Once a civil Court finds in a contested proceeding on the basis of evidence that the wife had no just or reasonable cause to withdraw her society from the husband, she cannot claim maintenance under Section 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 120B, 420 -- Offence u/s 120B and 420 - Offence allegedly committed by appellant nearly 16 years ago - Appellant in custody since 2.5.1996 - Bail denied by Courts below on the apprehension that accused is likely to influence witnesses or tamper with evidence -Main witness in this case being..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(1)(b), Civil Procedure Code, 1908, Section 9 -- Bar of Civil Court jurisdiction - Suit in Civil Court for declaration by heirs of original landowner that declaration of lands as surplus in 1960 under Pepsu Tenancy and Agricultural Lands Act not complete because surplus land had not been utilised and as such no..........
Pepsu Tenancy and Agricultural Lands Act, Section 22 -- Second application by tenant for proprietary rights after dismissal of first application-Maintainable-Earlier proceedings do not operate as res judicata - Prem Singh's case 1980 PLJ 276 DB Reversed- Civil Procedure Code, Section 11...........
Hindu Marriage Act, 1955, Section 13, 15, 16, 28 -- Divorce - Exparte decree - Appeal does not abate on account of death of the husband, whether before filing of appeal or during pendency of appeal - In all such cases legal heirs of deceased spouse can be brought on record as opponents by aggrieved spouse - As per O.9.R.13 CPC decree of divorce is appealable under Section..........
Hindu Marriage Act, 1955, Section 13, 15, 16, 28 -- Divorce - Ex parte decree -Appeal does not abate on account of death of the husband, whether before filing of appeal or during pendency of appeal - In all such cases legal heirs of deceased spouse can be brought on record as opponents by aggrieved spouse - As per O.9.R.13 CPC decree of divorce is appealable under Section..........
Punjab Municipal Election -- Election petition-Bar of res judicata-Rejection of nomination papers by Returning Officer and revision against also dismissed-Writ petition rejected as election process set in motion and remedy provided by way of election petition to get election set aside-Power under Article 226 of Constitution not exercised as rejection of nomination paper..........
Punjab Tenancy Act, Section 77 -- Validity of Will-Revenue Courts do not have exclusive jurisdiction-Any observation/finding recorded by Revenue Courts with regard to validity or genuineness of Will-Validity of Will assailed before Revenue Courts and adverse finding recorded-Cannot operate as res judicata in civil suit - Exclusive jurisdiction of Revenue Courts only with..........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Determination of share in joint land and for possession of determined share-Partition allowed by Revenue Officer-Possession not delivered after expiry of three years from date of issuance of instrument of partition in view of Section 122 Punjab Land Revenue Act-Suit for separate possession decreed by trial Court..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Deity - Every person who does not claim any interest adverse to the deity and believes in deity is entitled to file a suit for possession on behalf of the deity to protect its property - Section 92 or Order 1 Rule 8 is not applicable - All the de facto trustees are not necessary parties...........
