Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father-in-law - Eviction of son-in-law - House in question was purchased by respondent/father-in-law in the year 2007 - Petitioner being son-in-law after the death of his wife is living in the house in question as a permissive occupant - Contention of petitioner that house was..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Quantum of sentence - Appellant has undergone approximately 3 months in custody - Admittedly, incident pertains to the year 2006 and couple lived together exactly for three days - Wife is married and settled abroad - Case has been prolonged for a period of nearly 19..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Registration Act, 1908, Section 71 -- Refusal to register a document - Order of attachment not a bar to register the document...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
Oral consent -- Order passed on the basis of oral consent of counsel which is expressly recorded in the order - All the Constitutional Courts in India accept oral statements made on behalf of the parties - Order passed cannot be reviewed on the ground that there was no written consent...........
