Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife takes predominance in matrimonial causes - Request of wife to transfer the matrimonial case from place `V' to `G' is thus, accepted, as it is inconvenient for wife to attend Court for 85 Kms, as she is depending on her parents - Application allowed...........
Civil Procedure Code, 1908, Section 75 -- Commission - Court can issue a commission for the purpose of : (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; (d) to make a partition; (e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which..........
Constitution of India, 1950, Article 19(1)(g), 300A, Insolvency and Bankruptcy Code, 2016, Section 7 -- Constitutional validity of Insolvency and Bankruptcy Code (Second Amendment) Act, 2018 - Real Estate Developers - Code, 2016 is a beneficial legislation which can be triggered to put corporate debtor back on its feet in interest of unsecured creditors like allottees, who..........
Constitution of India, 1950, Article 19(1)(g), Air Force Act, 1950, Section 189, Air Force Rules, 1969, Section 13 -- Service - Air Force - Person enrolled as a member of Air Force does not have an unqualified right u/art 19(1)(g) of Constitution, to leave service at his or her will during term of engagement...........
Civil Procedure Code, 1908, Section 24 -- Transfer of rent petition - Shop in dispute purchased by counsel of petitioner in name of his wife from landlord during pendency of suit for eviction - Keeping in view narration of facts in transfer application, the apprehension expressed by petitioners cannot be termed to be baseless or without any justifiable reason - It will be..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
Indian Penal Code, 1860, Section 376(2)(g), 120B - - Reduction of sentence - A-1 at the time of incident was working as driver and A-2 was a singer having good reputation - Both accused were aged about 24-25 years and have no criminal antecedents and they hail from backward area - Even conduct of accused in jail was very good and satisfactory - Considering the facts and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused himself admitted that he gave three cheques to complainant, thereby accused made false G.D entry regarding missing of cheques - It is also shown from conduct of accused that he did not recognize any importance to demand notice being not signed by concerned advocate - Complainant successfully..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Section 151, Family Courts Act, 1984, Section 19 -- Rejection of divorce petition - Territorial jurisdiction - Marriage between parties solemnized at place `G' in India - Both the parties are still Indian National and hold Indian passports, though they..........
Constitution of India, 1950, Section 226(2), Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Special Civil application (SCA) - Maintainability - Dispute between company and its employees for no, payment of wages after closing of company - Company has its factory at the place which is part of State `G' - Labour Court which entertained the..........
