Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Cancellation - Delay in depositing the amount - National Commission without considering any ground raised by appellant has directed appellant to receive and accept amount from respondent along with interest and handover possession of plot in question - It was respondent who committed default in depositing..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Magistrate without recording any prima facie satisfaction regarding truthness of incident has summoned petitioners - No evidence of complainant and his witnesses were discussed in the impugned order of summoning - Even no reason has been assigned - Impugned order of summoning passed..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Keeping a young child of four years old away from her mother in defiance of Court order amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of mother of child - Such act of in-laws amounts to cruelty within meaning of S.498-A Explanation (a) IPC...........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Criminal Procedure Code, 1973, Section 107 -- Preliminary order passed u/s 107 Cr.P.C - Allegation against petitioner is one of rape as against defacto complainant in the first crime and second it is the same de facto complainant who alleges that petitioner had threatened her - Said facts does not justify invocation of S.107 Cr.P.C - Preliminary order passed u/s 107..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Maintenance already granted to wife and children - Plea of husband that on account of losses in business, his income has substantially reduced or that recovery proceedings have been initiated is essentially a question of fact and it will not be prudent to accept or reject the same at this..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
