Custody of child -- Writ of habeas corpus - Maintainability - In child custody matters, writ of habeas corpus is maintainable where it is proved that detention of a minor child by a parent or others was illegal and without any authority of law...........
Hindu Law -- Joint property - Living together does not lead to inference that property acquired during that period would necessarily be jointly acquired property - Ancestors were in possession of their own shares - This shows that there was no jointness in holding of their share of property and they all enjoyed their possession independently...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Issue relating to limitation is a mixed question of law and fact and same cannot be decided at the stage of O.7.R.11 CPC...........
Partition suit -- Will - Whenever a Will is projected in defence in the suit for either declaration or partition, there need not be a prayer for setting aside the Will - Dismissal of suit on the ground that there is no prayer for setting aside Will is unknown to law...........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-5 to A-7 - Allegations made against accused persons are not only omnibus but also without any specific allegation of overt act imputed against them - Complainant states that when she was being threatened by her mother-in-law, A-5..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegations against A-3, A-4 and A-8 - Prima facie case made-out against mother-in-law, father-in-law and husband of complainant - Correctness or otherwise of the same is a matter which requires to be investigated - High Court erred in entering into..........
Hindu Law -- Joint Family Property - Proof - Inference of Joint Hindu Family Property cannot be drawn merely on the basis of possession of land revenue and irrigation receipts which are in the name of other person and one of the petitioners - Respondent has to prove that property was acquired out of nucleus of Joint Hindu Family...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiating proceeding under PWDV Act and Restitution of conjugal right do not by itself constitute cruelty - But lodging of various false, baseless reports by wife with police authorities against husband, his father, brother and brother-in-law and instituting civil proceedings showing herself as wife of PW2..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition filed under wrong provision of law - Mention of wrong provision would not denude the Court and Tribunal of its power to try the election petition when Court or Tribunal is having jurisdiction to entertain such petition - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Question of possession is necessarily a question of fact which has to be adjudicated by trial Court on the evidence led by parties - Since petitioners have tried to collect evidence which is not permissible under law - Application rightly rejected...........
