Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband ready to pay a sum of Rs.3 Crore to wife as permanent alimony - Keeping in view the status of parties, wife is entitled to Rs.3 Crore as permanent alimony and would also be entitled to retain possession of residential house where she is residing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Allotment of plot -- Discretionary quota - Residential plot is merely approved in favour of social worker - Identified plot is yet to be allotted to her - Allotment of an identified plot did not crystallize by date 2003 Full Bench Judgment (Dr Amar Singh case) whereby allotment of residential plots under discretionary quota was held to be vague and arbitrary and directing..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Lands acquired for residential and commercial development purposes could not be utilized and used for public purposes - Except the small parcel of land, all other lands have been released and acquisition with respect to same have been quashed - Acquisition proceeding rightly quashed...........
Indian Penal Code, 1860, Section 376, 323, 406, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix is a widow having two children - Instances of rape which allegedly began from 13.7.2017 are reported to police first time directly on 30.1.2018 i.e after six months - There was long standing acquaintance between accused and..........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Agreement to sell -- Specific performance - Plea of hardship - Defendants have specifically stated in their written statement that except suit land they have no other piece of land and they require suit land for their own residential purpose and they cannot expect to dispose of their only piece of land and building standing thereon which would render them homeless,..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Jurisdiction - If petition is filed alongwith affidavit, disclosing residential address of petitioner in the duly sworn affidavit, that itself is sufficient to continue the proceedings to provide immediate relief to the destitute wife/children...........
Rent and Eviction -- Mesne profits - Determination - Basis of determination of amount of mesne profit depends on facts and circumstances of each case considering place where property is situated i.e village or city or metropolitan city, location, nature of premises i.e commercial or residential area and rate of rent precedent on which premises can be let out are guiding..........
