Custody of child -- Claimed by mother - Writ of habeas corpus - Mother was forcibly ousted from her matrimonial home and child was less than 2 years at that time - Father of child is living abroad - Child was stated to be with her grand mother an elderly lady - In case of female child of 2-1/2 years, her biological mother would be legally entitled to her custody as per..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application filed to implead the vendors of defendant no.10 - Ownership if any vests with defendant no.10, who is already a party to suit - Vendors of defendant no.10 have already transferred their interest in his favour - He is thus, not a necessary party to suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Sameness of interest or community of interest is essential and a prerequisite for applicability of O.1.R.8 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Provision of O.1.R.8 CPC will apply when interest is similar, even if interest is not joint, concurrent or identical...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Expression `same interest' used in O.1.R.8 CPC should not be interpreted to mean `identical interest' or `interest in entirety'...........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Rent and Eviction -- Non payment of rent - Forfeiture/determination of tenancy - Tenant for undemonstrated reasons been delaying the payment of rent and/or other dues, payable to the landlord - Assessment of rentals, made by valuer of Rs.41/- per Sq. ft. as submitted by landlord - Keeping in view the location of premises, rent as agreed, alleged non payment of rent,..........
Criminal Procedure Code, 1973, Section 125, 128 -- Maintenance to wife - Husband cannot be absolved from paying arrears of maintenance due towards wife even if at times their daughter is taking care of wife - It is the legal and moral duty of husband to maintain his wife - Maintenance @ Rs.10,000 pm rightly granted and it would be in the interest of justice to execute the..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
