Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Protecting possession of matrimonial home - Interim relief - Father-in-law purchased flat and husband paid some EMI's from his account and claimed tax relief - Denied by father-in-law - Fact of ATM transactions and mode of payments between father son for whatever motive was specifically within the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Evidence recorded prior to setting aside exparte decree - Not erased after setting aside exparte decree - Defendant can cross examine those witnesses - Failure or refusal to cross examine those witnesses - Defendant cannot raise grievance that evidence recorded in examination-ion-chief in his..........
Limitation Act, 1963, Article 113 -- path provided in compromise but defendants subsequently cultivated the land underneath the path -Every Invasion of the right or threat to the right gives rise to a fresh cause of action - suit arising out of the invasion of that right falls under the residuary Article 113 the Limit ion Act ...........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary parties - Suit for declaration that plaintiff is the owner of the house in suit and for cancellation of the sale deed executed by the defendant in respect of a portion of that house - Case of plaintiff is that on family settlement the house in quest ion was allotted to his share which initially belonged to the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2 -- Suit by owner in possession of property for permanent injunction restraining defendant from interfering with his possessio, Covered by Order 3 i rule 2 - Word "injury" envisages an act which is contrary to law - Temporary injunction during pendency of suit - Appeal against - Competent. If the posses ion of an..........
