Delhi Prison Rules, 2018, Rule 1225 -- Grant of Furlough - The Director General of Prisons passed, an impugned order that the appellant had not earned the last 3 Annual good conduct reports - The expressions employed in Clause (I) of Rule 1223 are that the prisoner ought to maintain `Good conduct in the prison and should have earned rewards in last 3 Annual good conduct..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted in a routine manner and there is no application of mind as to why said compensation has been awarded - Trial Court treated the provision as mandatory in nature whereas the legal position is otherwise - Impugned order set aside - Matter remitted for decision afresh...........
Service -- Departmental examination for Income Tax Inspectors - Grace marks policy - Benefit of grace marks was not to allow reserved category candidate to switch over to general category - Only in case where any candidate belonging to any category is marginally failing to pass examination, he is/was to be allowed grace marks so as to allow him to obtain minimum passing..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law and grand daughter - Father-in-law has already expired - No estate inherited either by mother or sister of deceased husband from which any maintenance can be claimed by daughter-in-law and grand daughter - Order deferring claim for interim maintenance, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both trial Court and Appellate Court on basis of evidence led by parties came to conclusion that prima facie plaintiff was residing in the house built by his father and defendant was trying to sell it off - Said apprehension was fortified by agreement to sell made out after order of trial Court for..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Ex parte order - Not a bar to resume appearance on subsequent proceedings...........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Scope of interference in a revision petition u/ss 397/401 Cr.P.C. r/w S.482 Cr.P.C. is narrow and can only be done if a situation arises wherein impugned order is replete with legal infirmities and is unconscionable to rule of law...........
Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2(b), 2(c), 3 -- Gangster - A person against whom a single FIR/charge sheet is filed for any of anti-social activities mentioned in S.2(b) of the Act, can be prosecuted under the Act, provided such an anti-social activity is by violence, or threat or show of violence, or intimidation or..........
Special Marriage Act, 1954, Section 4 -- Marriage through online mode - Division Bench of High Court in an interim order prescribed detailed guidelines for performing marriage under the Act through online mode - Writ petition can be disposed of in tune with such guidelines - In the instant case bride pursuing her Master's decree in U.K. and she not in a position to make..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
