Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 354B, 323, 324, 506, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Outraging modesty of woman - FIR only speaks about touching and holding prosecutrix's hand and that of her sister which though by no means a conduct that can be approved,..........
Hindu Marriage Act, 1955, Section 12, 7 -- Annulment of marriage - Factum of marriage disputed by wife - Husband unable to establish performance of ceremonies of marriage especially ceremony of Saptapadi - Neither photographs relied upon by husband proved, nor there is any testimony of Priest who allegedly performed ceremonies of marriage - Marriage Registration..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12 -- Eviction suit - Landlord can seek eviction of tenant only on the grounds specified in S.12 of the Act - Mere declaration of title in favour of landlord cannot entitle him to decree of eviction...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4), (4A) -- Compensation or other assistance to victim - There is no bar to compensation or other immediate relief being given to victim member of SC/ST as per provisions without any delay whatsoever - Even there is no dilution of any provision of SC/ST Act relating to compensation,..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Eviction petition - Tenant seeking production of documents to prove that landlord has an alternative shop now available to him to overcome his bona fide need for running business of his son - However, neither tenant nor Court can direct landlord to choose place and premises for running his business..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 15, 18 -- Bail - Juvenile - JJ Board refusing bail to petitioner by treating him as an adult - Appellate Court fell into an error in proceeding to consider the case of petitioner, treating him to be an adult in absence of declaration to that effect made by JJ Board under relevant provisions - Both..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28(2), Protection of Women From Domestic Violence Rules, 2006, Rule 6(5) -- Domestic violence - Petition u/s 12 of the Act - Court in its discretion can allow evidence on affidavit and permit cross-examination to test veracity of evidence - Court can deviate from procedure prescribed u/s 28(1) r/w Rule 6(5)..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of complaint - Complaint of wife speaks of instances wherein conduct of husband is labelled as one amounting to domestic violence as per S.3 of the Act - Prima facie contents in complaint discloses domestic violence - No case for quashing of complaint made out - Petition..........
