Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution - Objections - Defendant had filed objections several times against decree and same was rejected - Even earlier order of dismissing application filing objections attained finality being not challenged by defendant - Present application for filing objections is thus, devoid of merits and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of maintenance allowance from date of application without recording specific reasons is not sanction of law...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - When a party claims maintenance by filing a petition, party must get maintenance from date of petition onwards and same is sanction of law - No doubt, deviation therefrom can be had for specific reasons to be recorded in writing and not otherwise...........
Interpretation of statues -- When provisions of a statue are repugnant to or contrary to customary law or personal law in the absence of any specific exclusion of said customary or personal law from statutory provisions, statue will prevail and personal law or customary law shall stand abrogated to the extent of inconsistency...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Termination of licence - Suit for mandatory injunction lies with the only rider that suit is filed without any delay - If after termination of licence suit is not filed within three years then plaintiff has to file suit for recovery of possession...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Once parties are specific and categoric in their respective stand, trial Court has to be conscious while framing issues so as to decide lis between parties in a complete and effective manner...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Agreement to sell -- Suit for specific performance - Unregistered agreement to sell - Mere non registration of agreement to sell does not bar very institution of suit for specific performance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time - S.36-A(4) proviso of the Act categorically states that Public Prosecutor, while making an application for extension of time, shall indicate two aspects on applying his mind, viz.: (a) progress of investigation and (b) specific reason for detention of accused beyond the said period..........
