Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Punjab Land Reforms Act, 1972, Section 21 -- Bar of jurisdiction of Civil Court - Suit filed for declaration that land belonged to religious and charitable shrine and there was no challenge to validity of any order under the Act - Suit does not fall under either of categories as mentioned in S.21 of the Act - Civil Court alone has jurisdiction to decide and declare whether..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where a Court considering an application for bail fails to consider relevant factors, appellate Court may justifiably set aside the order granting bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is presumption of non-application of mind which may require the intervention of Supreme Court...........
Deed -- Interpretation - In the interpretation of a deed, the question is not what the parties to the deed may have intended to do by entering into that deed, but what is the meaning of the words used in the deed - Court can understand the true intent of the deed only by the words used in the deed...........
Partition suit -- Family settlement - Agreement for settlement of family property is entered into to give a right to plaintiff No.2 and avoid what would otherwise take place by normal entitlement of sharers under Mohammedan law - Defendant failed to prove that existence of Will and also family settlement is a fabricated document - Once the family settlement is proved as..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody of child - Claimed by father - Child is uncomfortable in the presence of father and starts crying - He is 8 years old and taking note of his tender age, interim custody of child cannot be granted to father - Suggestion of father that child be sent to visit paternal grandparents also not acceptable - Perhaps, some..........
Family Courts Act, 1984, Section 10(3) -- Jurisdiction of Family Court - Ex parte order - Setting aside - Divorce proceedings - Family Court had exercised discretion provided u/s 10(3) of the Act in setting aside ex parte order thereby permitting husband to participate in and contest the divorce petition - Exercise of discretion was in the interest of justice and to arrive..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife earned Rs.60,000 pm as per her ITR - However, husband earns Rs.9 lakhs per month - Considering the documents of income of both the parties, trial Court has committed error in not giving any amount of interim maintenance to wife - Husband directed to pay a sum of Rs.1,00,000 pm as interim maintenance..........
