Custody of child -- Writ petition - Child was in custody of relatives of mother of child in unavoidable conditions, as mother and father of child both were ill at that time - Mother of child died afterwards - Only circumstances involving health prevented father from taking care of child - Father of child is natural guardian and entitled to custody of child u/s 6 of Hindu..........
Uttar Prades Minority Welfare Department Gazetted Officers Service Rules, 2001, Rule 3(h), 3(k) - - Absorption on the post of District Minority Welfare Officer - Appellants appointed much prior to coming into force of Rules 2001 through proper channel and after facing interview before selection Committee - Appointment cannot be said to be on deputation - No material to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Both the parties are serving - Wife is entitled to live as per status of her husband - Daughter aged about 5 years is living in company of wife - It is moral obligation of husband to maintain his wife and child - Maintenance of child requires day to day expenditure and it keeps on changing with passage of..........
Constitution of India, 1950, Article 14 -- Tender - Rejection of Bid - Scope of Judicial review - Petitioner used turnover and balance sheets of Super Construction in order to enhance its bid capacity, then at the same time, petitioner was also liable to show liabilities and on going work - Petitioner failed to fulfil criteria laid down in Standard Bidding Document - In..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in sudden fight and there was no pre-meditation - Iron rod is picked up at the spur of moment at the time of incident and used to compress the neck forcefully - It is nothing but an act committed by accused in a heat of passion - Having regard to nature and manner of incident, it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Search and seizure - Material discrepancies in statement of PW3 and PW5 regarding time of recovery - PW3 gives no explanation about mentioning of FIR number in some of documents, whereas, PW5 has stated that same were incorporated on..........
Civil Procedure Code, 1908, Section 15, 151, Order 7, Rule 10 -- Jurisdiction of Court - Excess valuation of suit to make it come under jurisdiction of Court concerned - Plaintiff is true dominus litius and no prejudice is caused to defendant due to valuation as forum chosen shall be equally available to both the parties - Even otherwise, objection regarding excess..........
Indian Penal Code, 1860, Section 304A, 279 -- Offence u/ss 304-A, 279 IPC - Plea that no test identification was conducted - Plea held, not tenable as owner of truck which accused was driving has categorically admitted that accused was working with him since last 4 months and was driving truck at the time of accident - Conviction upheld...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an instrument issued or registered as it is..........
Limitation Act, 1963, Section 14 -- Exclusion of time - Plaintiffs were at liberty to file suit in respect of property situated in jurisdiction of three different High Courts - They choose jurisdiction of one Court for filing suit - It cannot be said that plaintiffs were pursuing fresh cause in a Court having no jurisdiction to adjudicate the same or Court where suit was..........
