Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Accused sought complete records in crime and statements recorded u/s 164 Cr.P.C - Unless all the evidence collected during course of investigation is furnished to accused, it would cripple construction of appropriate defence - Right to defend cannot be rendered illusory by depriving any..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - In proceedings for divorce by mutual consent wife waived her right to claim maintenance from husband - Wife not entitled to interim maintenance as she waived off her right to claim maintenance...........
Co-sharers -- Joint land - Construction over some portion by one co-sharers - Even, if co-sharer raise construction over some portion, it will be subject to partition and said co-sharer cannot claim any preferential right over a particular chunk of land due to raising of construction over it...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was multi tasking person and was doing multiple works - Considering the material placed on record by appellants and value of labour being put by deceased in agriculture, it would be reasonable to assess his income at Rs.35,000 pm - Appellants entitled to compensation of..........
Custody of child -- Minor child at the tender age of 2-1/2 years - Mother can claim custody over the minor child - Grandparents cannot be denied reasonable access/visitation right, which will also help the child's normal development - Grand parents granted visitation rights once in every month i.e. the first Saturday from 2.00 pm to 6.00 pm at the Child Care Centre -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought is not related to facts but only seeks to introduce a purely legal proposition and to claim an alternate relief, knowledge of plaintiffs in respect of amendment prior to suit would not be material...........