Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - Matter is based on written contract arising out of written purchase orders issued by defendant No.2 on instructions and on behalf of defendant No.1 - Plaintiff had raised invoices against such supplies under purchase orders - Two cheques were issued by defendant No.1 towards part payment..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household means and include where a person aggrieved has lived at any time in domestic relationship either singly or with respondent and it may be a joint family or jointly tenanted irrespective of title or ownership of property - Right to reside in shared household continues till victim..........
Succession Act, 1925, Section 2(f), 273, 283 -- Probate - Will - Probate Court is not expected to conduct inquiry, whether testator is having legal right to bequeath the property by Will or not that is to say whether he is exclusive owner, co-owner or joint owner or holding the property in any other capacity...........
Partition suit -- Plaintiffs were co-sharer of suit land - Land was still joint and it was never partitioned - Concurrent findings of facts on record that there was status of jointness and plaintiffs were entitled to decree of partition - No interference warranted in said findings...........
Custody of child -- Matter remitted to Family Court to decide the application for joint custody, visitation right etc. - However, appellant would be permitted to interact with child in presence of counselor attached to Family Court - Directions issued...........
Indian Penal Code, 1860, Section 420, 409, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Misappropriation of money - Quashing of charges - Allegation that amount of Rs.2,85,600 was withdrawn under joint signatures of petitioner and co-accused - Money was handed over to Ex Gram Pradhan by co-accused - Case of petitioner is at better footing than co-accused..........
Consumer Protection Act, 1986, Section 35(1)(c), Civil Procedure Code, 1908, Order 1, Rule 8 -- Consumer complaint - Joint complaint and complaint filed in a representative capacity - Where there are only "a few consumers" and not "numerous consumers" having same interest, they can join together and file a joint complaint - A joint complaint stands in contrast to a..........
Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Karta enjoys wide discretion in his decision over existence of legal necessity and as to in what way such necessity can be fulfilled...........
Agreement to sell -- Karta of Hindu Joint Family - Legal necessity - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - A coparcener cannot seek injunction against Karta restraining him from dealing with or entering into a transaction of sale of Joint Hindu Family Property, albeit post alienation has right to challenge the..........
Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Signatures of son of Karta on agreement to sell is not required - Karta is entitled to execute the agreement to sell and even alienate the suit property - Absence of signatures of son of Karta on agreement to sell does not..........
