Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim Injunction - Co-sharer cannot legally be permitted to raise construction, which changes the nature of property detrimental to the interest of other co-sharer, unless the matter is finally decided by the concerned court - Parties are directed to maintain status-quo with regard to existing position of..........
Constitution of India, 1950, Article 300A, 14 -- Property acquired from illegal means - Deprivation of - Held, if a subject acquires property by means which are not legally approved, sovereign would be perfectly justified to deprive such person of enjoyment of such ill-gotten wealth - There is a public interest in ensuring that persons who cannot establish that they have..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - If defendant is permitted to alienate disputed property then it will give rise to multiplicity of suits, which is not legally permissible - Order of status quo, upheld...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment of application - Legally permissible - Decision of co-ordinate Bench of Calcutta High Court relied on which is binding in preference to contrary decisions of other High Court which have only persuasive value...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought on the ground that fact relating to proposed amendment could not be typed due to inadvertence on the part of counsel as well as typist concerned - Amendment disallowed by holding that on the basis of such contention, amendment of pleading cannot be allowed - Held, trial Court has examined the..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 - - Interim maintenance - Refusal - Validity - Husband totally denied factum of marriage with petitioner - He specifically asserted subsistence of earlier marriage with another woman - Wife prima facie failed to establish that she was legally wedded wife of husband - Held, refusal to pay interim maintenance..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Parties, though acted under impression that their marriage was dissolved by virtue of Deed of Divorce executed between them and remarried after execution of said Deed, but legally the marriage between both the parties still subsists as marriage can be dissolved only by recourse to the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties neither pleaded nor argued before Family Court that their marriage was legally dissolved as per custom and usage prevailing in their caste and community - On the contrary they specifically pleaded their ignorance about procedure recognized under law for dissolution of marriage - Customary divorce..........
