Service -- Work charged employees - They are engaged for execution of a specified work or project and their engagement comes to an end on completion of the work or project - The source and mode of engagement/recruitment of work charged employees, their pay and conditions of employment are altogether different from regular employees who are appointed after following the..........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing - Bungalow - Sale of - Conveyance deed - Non execution of in favour of complainant - respondent even after 7 years of delivery of possession - Direction by the Fora below for execution of conveyance deed upheld - The compensation of Rs. 10,000/ - awarded by the District Forum and affirmed by the State..........
Registration Act, 1908, Section 17, 32A, 34 -- Unilateral execution of cancellation of sale deed - Held, Registering Officer is obliged legally to reject and to refuse to register a deed of cancellation of a sale unilaterally executed without the knowledge and consent of other parties to the sale deed and without complying with S.32A of the Registration Act...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections to attachment - Maintainable only when property is not sold - No claim or objection is maintainable when property attached is already sold...........
Will -- Suspicious circumstances - Will got scribed in Tehsil Complex from regular deed writer but not got registered - Exclusion of daughter on ground that sufficient property was given to her as dowry at the time of her marriage but no evidence placed on record to prove this fact - Beneficiaries of Will present at the time of execution of Will becomes suspicious when..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Obstruction - D.H. is to be put into possession - To put behind bars or to attach property of wrong doer is no relief to the D.H. - Relief to D.H. is only by giving respect to the Court's decree...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Petition by husband on ground of desertion - Wife was taken away by police in execution of search warrants issued in accordance with law - Not a case that wife left the matrimonial home of her own - Husband made no effort thereafter to fetch the wife from her natal house - Petition dismissed...........
Registration Act, 1908, Section 40, 41 -- Will - Registration after death of testator - Three conditions must be satisfied viz. (i) Execution of the `Will' by the testator; (ii) Death of the testator; and (iii) The person presenting the `Will' for registration is entitled to present the same...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objections - Framing of issues - Decree whether obtained by collusion of D.H. with J.D. - Question of fact is involved - To be decided after framing of issues and affording an opportunity to parties to lead evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position - Court can ask accused to..........