Marriage -- Against wish of parents - Threat to life - Protection - Boy not of marriageable age - In the present petition issue is not validity of marriage but fundamental right of seeking protection of life and liberty - It is the bounden duty of State to protect the life and liberty of every citizen - Mere fact that boy is not of marriageable age will not deprive him of..........
Constitution of India, 1950, Article 21, Hindu Marriage Act, 1955, Section 5(iii) -- Marriage in violation of S.5(iii) of HMA - Seeking protection of their life - Issue is deprivation of fundamental right for protection of life and liberty - Right under Constitutional Scheme must be protected, regardless of the solemnization of an invalid or void marriage - Mere fact that..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Constitution of India,1950, Article 226 -- Writ Jurisdiction - Issue of citizenship - Falls within the exclusive executive domain of the Central Government - Judicial power cannot go beyond and make encroachment - Encroachment by judiciary into executive realm can be no expection...........
Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Arrears of rent - In a suit by a landlord against tenant for arrears of rent and eviction, it is not necessary to implead brothers or other relatives of the landlord and title cannot be an issue...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Any question on an issue - already decided finally cannot be raised in a subsequent lis between the same parties...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Court to state its decision on each issue - Even if a specific issue has not been mentioned as being decided by a Court in its judgment, but the said issue is covered in its discussion on other issues and is actually adjudicated upon while deciding those issues, it need not be shown to be separately decided...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Questions sought to be raised by defendants are open to be raised by them by filing a written statement - Issue regarding limitation in filing suit remains a mixed question of law and facts - Obviously, contentious issues shall be adjudicated by Court on the basis of evidence to be led by parties -..........
