Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Physical possession of plaintiff appears to be in dispute - Court should not pass an order of temporary injunction as it would impinge upon possession of co-owners unless there is convincing and cogent materials shown by such litigant evincing the physical possession in the joint..........
Bank locker -- Proper procedure for operating and allotting lockers be followed, viz. (a) maintenance of a locker register and locker key register; (b) Locker register shall be consistently updated in case of any change in allotment; (c) Bank shall notify the original locker holder prior to any changes in the allotment of the locker, and give them reasonable opportunity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband is well qualified and working in a private company is not in dispute - No evidence on record that wife has ample means to maintain herself - Though wife is educated but no evidence on record that she was having an employment - Maintenance rightly granted to wife...........
Custody of child -- Habeas Corpus - Child is with his father since 2019 under his care and custody - It is not the case of either of party that child was forcibly taken away by father from custody of mother - Pleadings and material on record indicates the existence of a dispute with regard to handing over custody of child to mother, pursuant to some agreement between..........
Allotment of land -- Development agreement executed between APIIC and Unitech - Breach of agreement - Refund of amount paid - APIIC made allotment of land subject to outcome of pending litigation - Unitech paid total purchase price not in dispute - Failure of title in erstwhile APPIIC and Government of A.P attained finality - Failure of title entitles Unitech to claim a..........
Constitution of India, 1950, Article 32 -- Writ petition - Maintainability - Dispute regarding real estate project - Specific statutory provisions holding the field available for purchaser/petitioners - Entertaining a petition of this nature will involve Court in virtually carrying out a day to day supervision of a building project - Even, there is no reason to assume that..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(D) -- Quashing of proceedings - Offence u/ss 323, 341, 504 IPC and S.3(1)(D) of SC/ST Act - Compromise arrived at between parties - Dispute amicably settled by parties - Complainant has no..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction without seeking declaration of title - In suit nothing narrated about title dispute - Suit is maintainable in view of previous litigation which was initiated at the instance of defendant No.1 where he lost suit for declaration and recovery of possession of the same property...........
Divorce by mutual consent -- Petition filed in pursuance of compromise by parties in mediation which was referred to in a pending proceedings and memorandum of settlement was recorded by Court - Thereafter wife cannot withdraw consent unilaterally - Held, once parties agree to file a joint petition, pursuant to an agreement/compromise in pending proceedings, then parties..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Very location of plot in dispute - It is only the Revenue Authority who can ascertain the correct location of construction - Trial Court directed to appointed concerned Patwari as Commissioner to ascertain the exact location of offending construction...........
