Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission should be clear, unambiguous, unequivocal and unconditional...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Compensation - Delay in completion and handing over of possession is not disputed - Such failure constitutes deficiency in service - Appellant failed to secure requisite occupancy certificate - Appellant directed to obtain requisite Occupancy..........
Hindu Marriage Act, 1955, Section 13B(2), Family Courts Act, 1984, Section 19(2) -- Divorce by mutual consent - Dismissal of petition - Appeal thereagainst - Appeal is maintainable in spite of bar u/s 19(2) of Family Courts Act because impugned judgment was on a petition invoking S.13-B of H.M Act, it was not passed on consent and it matters little that parties supported..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objection - Judgment debtor cannot defeat a decree by alienating property after decree is passed but before decree is realized...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Legal principles governing are : (i) Court can recall any witness at any stage of proceedings & even at the stage of writing judgment if such recall is found necessary for proper adjudication of case; (ii) Recall of a witness is primarily intended to enable Court itself to clarify any ambiguity, doubt..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47 -- Bail - Non-intimation of grounds of arrest to relative of accused in writing - Arrest of applicant was made before date of judgment in Mihir Rajesh Shah case and grounds of arrest were intimated to applicant in writing and to his relative over phone - Mandate to furnish written grounds of arrest to arrestee as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Special leave to appeal - Special leave contemplates a strong prima facie case that judgment of acquittal requires a relook...........
Constitution of India, 1950, Article 226 -- Writ appeal - Locus standi - Person aggrieved having locus standi to prefer an appeal would be one who is directly affected or impacted by a judgment, order or decision even though same does not directly require him to do something or one who being a party to a suit, is adversely affected by decree - To file an appeal such a..........
