Civil Procedure Code, 1908, Order 12, Rule 6, Specific Relief Act, 1963, Section 6 -- Judgment on admission - Dispossession - Suit for recovery of possession - Plaintiff was in constructive and legal possession of suit property - Defendant No.1 admitted that plaintiff was legally wedded wife of deceased husband - Claim of defendant No.1 was based on live in relationship..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner seeking succession certificate from Court being only legal heirs of deceased - No unequivocal, unambiguous admission on the part of respondent to that effect - Though respondent admitting his status to be that of a nominee and therefore cannot be better than a trustee to hold property till..........
Hindu Succession Act, 1956, Section 14(1) -- Devolution of interest - Will executed in favour of daughters by testator giving them life interest and after their death property goes to his grandsons making them absolute owners of suit property - Only a possessory right of residence during their lifetimes were given to daughters and intention of testator was to make his..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - For divorce on ground of cruelty social and economic status of parties and also their educational and family background are relevant - However, for showing cruelty, spouse seeking divorce must prove that conduct of other party was and remained such that it became impossible for party seeking divorce, to..........
Constitution of India, 1950, Article 32, Citizenship Act, 1955, Section 5(1)(a) -- Grant of citizenship - To migrants from East Pakistan, displaced upon construction of dam - Chakmas and Hajongs were allowed to rehabilitate in India after conscious decision of Government of India and so does not require to obtain Inner Line permit - Their status also stands duly..........
Andhra Pradesh Panchayat Raj Act, 1994, Section 22A -- Election petition - `Disqualification of Candidate' - Judicial Interference - No effect was to be given to the Appellant's disqualification in relation to his status as a member and the Chairperson till the disposal of the election petitions - Therefore order directing removal of appellant from post of Chairperson and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 kgs heroin - Non examination of independent witness - Mere no, examining of independent witnesses is of no consequence, when evidence of official witnesses to prove recovery is cogent, convincing, creditworthy and reliable - Moreover, there was no reason on part of official witnesses to..........
Criminal Procedure Code, 1973, Section 125 -- `Maintenance' - Not to be narrowly interpreted - It means most reasonable requirement for existence of a person to live separate - Requirement of claimant to maintain standard of living, which is neither luxurious nor penurious, but is modestly consistent with status of family, earning of husband and commitments are relevant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of Secretary of Society - Society is neither a payee nor a holder in due course - Complaint filed by Society is not maintainable - More so, authorization made or resolution passed by Society to Secretary of society to receive cheque in his name does not confer him the status of..........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Legally restitution is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another...........
