Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application to Magistrate - Domestic enquiry report - It is not necessary for Magistrate to wait for domestic enquiry report before issuing notice to respondents...........
Indian Penal Code, 1860, Section 408, 420, 468, 471, 389, 120B, Criminal Procedure Code, 1973, Section 482 -- Forged documents - Offence by company - Allegation regarding preparation of fraudulent service record apparently mala fide and misconceived - This issue was thoroughly inquired into & allegations levelled by complainant found to be unfounded - Issue regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11(a)(d) -- Rejection of plaint - Land in question whether agricultural land or abadi land - Held, it is a question of fact which has to be decided after evidence is led by parties - This issue be decided as preliminary issue after taking evidence - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Hindu Marriage Act, 1955, Section 9, 13 -- Petition for restitution of conjugal rights - By amendment petition converted to a petition for divorce on ground of desertion - Parties contested the proceedings for grant of divorce - Decree of divorce granted - Held, mere failure in framing an issue with regard to restitution of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Bar of limitation - Merely because a dispute is raised that claim sought to be made by way of amendment is barred by limitation, application for amendment cannot be rejected - Court has to frame an issue on that point of bar of limitation & than decide it in the main suit...........
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..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered on date of execution and..........
Indian Penal Code, 1860, Section 409, 468, 471, Criminal Procedure Code, 1973, Section 439(1) - - Grant of bail - Notice to Public Prosecutor - Initial charge-sheet running into more than 268 pages - Prosecutor applied for remand of at least 2 days which was declined - Held, notice under proviso to 439 (1) implies a proper and full opportunity to prosecutor to point out as..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Past conduct of appellant after registration of present crime was pointed out in detail as well as his criminal antecedents with proof - Bail applications of three main accused had been rejected by another Sessions Judge - There was a wrongful loss of about Rs.169 crores to MC which was also brought to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issue as regards unauthorised construction by defendants without permission of Municipal Corporation - Plaintiff having made allegations in regard thereto had the burden to prove the same - No occasion to issue commission as power of appointment of commissioner for local investigation cannot be exercised..........
