Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs and defendants are co-sharers in suit property - Both the parties have relied on certain documents to establish their possession - Plaintiff neither pleaded nor established that he is in exclusive possession of suit property - Moreover, interest of plaintiff is adequately..........
Protection to life and liberty -- Live-in-relationship - Boy is major and girl is minor - Boy is representing girl claiming himself to be next friend of minor girl - However, petition is not signed by any of petitioners - There is no pleading by boy that his interest is not adverse to interest of minor girl and he is acting for welfare of minor girl - Boy is already..........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted, there was thus, no scope to..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant no.1 - Substitution of LRs - One of LRs of deceased defendant already been impleaded as a defendant in the suit, therefore other LRs be impleaded as defendants - Though there is delay in filing application for bringing LRs on record and there is no formal prayer for condonation of delay but in interest of..........
Custody of child -- Writ of Habeas corpus - Can be invoked in best interest of child and thus, maintainable for custody of child to a parent...........
Custody of child -- Claimed by mother - Mother has permanent residency in Australia - Child is four years old girl born in Australia - Mother is earning handsome sum in Australia - Federal Court in Australia directing father to return to Australia and issued a warrant of arrest - However, father does not wish to go back to Australia - Wholly unsubstantiated allegations..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Annual income of deceased was Rs.2,55,349/- - After deducting personal and living expenses and adding future prospects, annual income is determined at Rs.2,38,326 - Multiplier of 15 is appropriate considering age of deceased - Total dependency is thus, calculated to be Rs.35,74,890..........
Adverse remarks -- Expunging of remarks and restraining Media from reporting Court proceedings - Oral remarks made by High Court against Election Commission (EC) - Art.19(1)(g) of Constitution guarantees Media freedom to inform, to distill and convey information and to express ideas and opinions of public interest subject to regulatory provisions - Freedom of speech and..........
Agreement to sell -- Specific performance - Compensation in lieu of decree for specific performance - Suit property acquired before final decree could be passed - Plaintiff will be deemed to be in shoes of defendant and therefore shall be entitled to entire compensation, determined and awarded under provisions of Land Acquisition Act together with interest and solatium -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Husband is retired and drawing pension of about Rs.32,000 - Wife on the other hand admittedly has no independent source of income and only receiving Rs.1000/- as monthly pension from Government under Ekal Nari Pension Scheme and receiving interest of Rs.1240/- pm which is accruing on amount..........
