Search Judgments

Code of Civil Procedure, 1908 (CPC) – Section 96 read with Order 44 Rule 1, Indian Evidence Act, 1872 – Section 65(a), 68 & 154, Indian Succession Act, 1925 – Section 63(c) and Hindu Succession Act, 1956 – Section 8 & 15 – This case involves a daughter (plaintiff) filing a suit for partition against her father (Defendant 1) and brother (Defendant 2) concerning two properties (Suit Item Nos. 1 & 2). The plaintiff claimed these properties were purchased using joint family income and thus, she is entitled to a 1/3 share. The defendants argued the properties were the self-acquired properties of their deceased mother, Thirumayammal, and that she had executed a Will (Ex-B.4) bequeathing Suit Item No.1 to the second defendant, with a life interest to the plaintiff in a portion of it.

The Indian Evidence Act Section 51; The Constitution of India Article 25 – This writ petition was filed by a devotee of Sri Varadaraja Perumal Temple, challenging the temple management’s decision to cancel the Urchavar procession for the Vijayadasami festival and Pavithrotsavam, citing that “Balalayam” had taken place and an agamic expert advised against processions until renovation completion. The petitioner argued that the procession should proceed based on another expert’s opinion.

The court noted the differing opinions of the two experts. It emphasized that the opinion of an expert is not final or binding on the court.

Protection of Women from Domestic Violence Act, 2005 Section 12; The Code of Criminal Procedure (Cr.P.C.) Section 482 – This case concerns a petition filed under Section 482 of the Code of Criminal Procedure (Cr.P.C.) to quash a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act). The petitioners, who are the mother-in-law, brother-in-law, and his wife of the complainant, sought to quash the proceedings initiated against them.

The main argument of the petitioners relied on a recent Supreme Court judgment, which, according to them, made such petitions maintainable.

The Tamil Nadu Societies Registration Act 1975 – This judgment addresses an appeal against an order in C.S.No.150 of 2024, filed by the appellant claiming to be the Director and Acting President of Akila Thiruvidancore Siddha Vaidhya Sangam. The core issue revolves around the prolonged continuation of an Interim Administrator appointed by the Court in C.S.No.752 of 2005, which was later withdrawn, overseeing the Sangam for approximately 19 years.

The appellant argued that the Interim Administrator’s tenure should cease, especially after a general body meeting elected Mr. Noelraj as the President.

Code of Criminal Procedure, 1973 (CrPC) Section 154 and Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Section 173(3) – The petitioner sought a direction for a preliminary enquiry on his complaint regarding a property dispute. The court examined the concept of “preliminary enquiry” under both the CrPC and the newly enacted BNSS.

Under the CrPC, preliminary enquiry is a judicial innovation arising from cases such as Lalita Kumari v. Government of U.P. and State of Haryana v.