Child custody -- Claimed by father - Child is less than 3 years old girl - She probably requires her mother more than her father - Parties resided in USA and mother of child brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - Other than age of child nothing is in favour of mother -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
Civil Procedure Code, 1908, Section 92 -- Suit by trust - Leave u/s 92 CPC not taken - Rejection of plaint - Suit is not on behalf of public for vindication any public right but to protect the so called interest of trust and its property from hands of those who are now alleged to be intruders - Case has nothing to do with a breach of trust in a trust created for public..........
Haryana Evacuee Properties Management and Disposal Act, 2008, Section 14 -- Jurisdiction of Civil Court - Civil Court shall have no jurisdiction to entertain any suit or proceeding in respect of any matter which the State Government or any officer appointed under the Act is empowered by or under the Act to determine - Even, no injunction shall be granted by any Court or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to correct name of mortgagor - Mistake committed in the plaint, does not appear to be an intentional error or an attempt to change nature of suit - Ordinarily a Court would not deny a bona fide and legitimate amendment - Moreover, while allowing amendment of pleadings, particularly..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal dismissed without deciding application U.O.41.R.27 CPC - Impugned order set aside - Matter remitted back to appellate Court to decide appeal afresh on merits along with application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of local Commissioner - Objections - Parties have right to cross examine Commissioner, upon permission so granted by Court - Objections filed by parties are to be considered after cross examination of commissioner...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Payment of balance amount - Extension of time - Executing Court has no authority or jurisdiction to extend period to deposit balance amount of purchase money, as provision of O.21.R.85 CPC is mandatory in nature and balance amount ought to have been deposited within 15 days...........
Civil Procedure Code, 1908, Order 21, Rule 85 -- Auction sale - Issue of jurisdiction - Can be raised before High Court even if same was not raised before Executing Court...........
Civil Procedure Code, 1908, Order 43, Rule 1(j), Civil Procedure Code, 1908, Order 21, Rule 89, 90, 91 -- Appeal - Maintainability - If application is filed before Executing Court U.O.21.Rr.89, 90, 91 CPC and such application is disallowed, then appeal will lie U.O.43.R.1(j) CPC...........
