Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - Some of the illustrative and not exhaustive circumstances are : (i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty; (ii) On comprehensive..........
Service -- Promotion - An employee who is transferred to other Collectorate does not lose his past service for purpose of considering his eligibility - However, if such transfer is voluntary or unilateral on condition that he will be placed at the bottom of the seniority list in the transferee Department, then said condition binds him and he cannot claim seniority over the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(e), 12 -- Eviction - Unfit and unsafe for human habitation - Premises remained under water for a period of one month and as a result, the walls developed cracks and water started leaking from various parts - Tenant filed petition u/s 12 of the Act for directing landlord to carry out the repairs - Tenant..........
Family settlement -- To constitute a valid family arrangement the transaction should be one which is for the benefit of the family - Consideration for the arrangement may be preservation of family property, preservance of peace and avoidance of litigation of any arrangement has been acted upon - Court will give effect to it on the ground of estoppel or limitation etc. -..........
Family settlement -- To constitute a valid family arrangement the transaction should be one which is for the benefit of the family - Consideration for the arrangement may be preservation of family property, preservance of peace and avoidance of litigation of any arrangement has been acted upon - Court will give effect to it on the ground of estoppel or limitation etc. -..........
Service -- Conditions of service - Unilateral alteration - A person appointed in Government service acquires a status and his service conditions will be determined by the service rules or statutory rules and not by the contrary or inconsistent terms of contract and as such terms and conditions of service may be unilaterally altered by Govt. without the consent of employee...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61, Specific Relief Act, 1963, Section 34 -- Usufructuary mortgage - Declaration by mortgagee in respect of title over suit property after expiry of period of limitation to sue for foreclosure - Right to redeem or recover possession, when no time limit is fixed for redemption, accrues to mortgagor..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of mortgagor to reedem - Extinguishment of right by Act of parties - Can be by independant contract subsequent to mortgage - Not by an unilateral act on the part of mortgagee under the mortgage...........
Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a) -- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Exception 4 of S.300 IPC can be invoked if death is caused (a) without premeditation, (b) in a sudden fight; (c) without the offender's having taken undue advantage or acted in a cruel or unusual manner; and (d) the fight must have been with the person killed - To bring a case within Exception 4 all the ingredients..........