Civil Procedure Code, 1908, Section 21, Order 2, Rule 2 -- Relinquishment of a portion of suit in order to bring the suit within jurisdiction of Court - Relinquishment should be made before institution of suit and not after instituting a suit - This provision is not applicable when relinquishment is after institution of a suit and that too before a court without..........
Protection of Women From Domestic Violence Act, 2005, Section 18(a), Criminal Procedure Code, 1973, Section 438 -- Protection order - Violation - Anticipatory bail - While passing order u/s 18(a) of Act, Magistrate shall not direct that respondent is prohibited from doing any act of domestic violence - Act sought to be prohibited shall be specifically stated in the order,..........
Civil Procedure Code, 1908, Section 2(3) -- Decree holder - Denotes a person: (i) in whose favour a decree has been passed; (ii) in whose favour an order capable of execution has been made; and (iii) whose name appears in decree, either as plaintiff or defendant and following conditions are satisfied: (a) decree must be one capable of execution; (b) said persons, by terms..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C. is tentative and is subject to final determination of rights in a Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order u/s 125 Cr.P.C. is tentative and is subject to final determination of rights in a Civil Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Denial of marriage by husband - Husband contracted second marriage without consent of his first wife - Husband cannot deny maintenance to first wife as he cannot be permitted to take advantage of his own wrong - Moreover, no recall application against ex parte proceedings was filed nor husband..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question which would require adjudication of facts cannot be dealt with while passing order U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to defendants, is a mixed question of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no material on record to prove custom in..........
