Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14(v) -- Custody of child - Given to mother by Committee - Committee did not find that father is incapacitated to take care and protect children - On the other hand giving custody to mother for only one week in a month would show that father has capacity to take care and protect children - Committee..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attested by two attesting witnesses - Dispute as to status of one of attesting witness - When document appears to have been executed with two attesting witnesses, it cannot be avoided or ignored without intervention of Court and without adjudication of disputed status of witnesses, for which necessarily there..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - No dispute as to identity of property - Survey Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - In order to get a survey commissioner executed, it is necessary that there has to be a dispute in respect of identity of property...........
Custody of child -- Writ of Habeas Corpus - Maintainability - Child was abducted by his father - Dispute in between father and mother - Both are natural guardians of child - Proper remedy therefore does not lie before this Court - Matter is of civil nature, which can be determined only by civil Court at appropriate forum - Petition dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Mutation -- If dispute is with respect to title and more particularly when mutation is sought on the basis of Will, such party has to get his rights crystalised by Civil Court and only thereafter on the basis of decision of Civil Court, necessary mutation entry can be made...........
Constitution of India, 1950, Article 226 -- Writ petition - Disputed question of facts - Contractual matter - Dispute could not be raised by way of a writ petition on disputed questions of fact in respect of pure contractual matters in the filed of private law, having no statutory flavour, as same are better adjudicated upon by forum agreed to by parties...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Civil transactions may have a criminal texture - However, when civil dispute is given colour of criminal offence then proceedings have to be quashed...........
