Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Statutory mandate u/s 25 of the Act requires Court to account not merely for current income but also for earning capacity, financial security and future prospects of parties...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Salary of husband is admittedly in the range of Rs.2 Lakhs p.m. - Nature of his professional qualification further indicates a high and progressive earning potential, which is a relevant consideration u/s 25 of the Act - No cogent evidence of stable or sufficient income enabling wife to maintain herself at a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Amounts received by dependents of deceased under employer provided group insurance or other contractual or social security benefits cannot be treated as pecuniary advantages liable to be deducted from compensation awarded under the Act...........
Succession Act, 1925, Section 375 -- Succession certificate - Condition of security/surety/indemnity bond cannot be mechanically insisted upon especially where beneficiary is sole beneficiary or in other suitable cases, if beneficiary is a natural heir of deceased and there are no objections by other claimants...........
Agreement to sell -- Specific performance - Defendant stated that from the very beginning sale agreement was executed by way of security for a loan of Rs.6,00,000 advanced by plaintiff to defendant and the same was clearly reflected as recited in MOU - Documents were purchased from same stamp vendor - Witnesses to documents were also one and same - All these would..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Protection to life and liberty -- Forced marriage - Girl left her matrimonial house because of forced marriage and did not intend to live with her husband nor with her parents as she is still in gainful employment and earns her livelihood - She being major capable of taking her own decisions - Decision of girl is paramount and her consent should be obtained before any..........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
