Agreement to sell -- Specific performance - Mere pendency of suits for cancellation of sale deeds executed by original owner and partition of suit property, does not debar Court from deciding the suit...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Suit for injunction filed by father-in-law against daughter-in-law - Property involved in suit does not belong to any of parties to marriage - It is the absolute property of father-in-law - Suit is not for an injunction `in circumstances arising out of a marital relationship' - Suit..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Respondent - Suit for mandatory and permanent injunction - For the purposes of determination of right of defendant/daughter-in-law u/ss 17, 19 r/w S.26 of PWDV Act in suit in question, plaintiff/father-in-law can be treated as `respondent' - But for grant of any relief to defendant or for successful..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
Civil Procedure Code, 1908, Order 1, Rule 10, Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Impleadment of husband/son - Suit for mandatory and permanent injunction filed by father-in-law against daughter-in-law - Plaintiff/father-in-law has not claimed any relief against son, thus he is not necessary party - But in view of fact that..........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Relevancy of judgment - Criminal and civil proceedings - Order passed u/s 19 of PWDV Act, whether interim or final shall be relevant and have to be given weight as one of evidence in civil Suit but evidentiary value of such evidence is limited - Findings arrived therein by Magistrate are although not binding on civil Court but..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Restraining Municipal Committee from interfering into possession of plaintiff over suit property - Petitioner is neither owner nor in possession of suit property - He cannot seek impleadment merely on basis that Municipal Committee not contesting suit properly - In case..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - When there is no definite averment in suit, which bars jurisdiction of civil Court, no relief can be granted to defendants by allowing application U.O.7.R.11 CPC - Application rightly rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Definition of Respondent - `Adult Male Person' - Plaintiff/father-in-law in the suit of injunction can be said to be the Respondent u/s.2(q) of the Act...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - It is trial and not institution of subsequent suit which is barred...........