Service -- Pensionary benefits - Interest on belated payment of pension - Appellants were paid arrears of revised pension, but, they were not granted any interest for payment of arrears of pension due to them - However, appellants waited till the rights of retired employees/Lecturers of Government Colleges, were crystalised and thereafter, made representation to the..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Benefit of suspension of sentence cannot be denied to accused merely because another trial is pending against him...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Child is aged about 8 years and he has been living with his mother since 2017 - Nothing on record to show that mother is not capable of taking care of child or that while in her custody, child is not safe - Moreover, father of child has taken the child outside Rohtak without permission of..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Agreement in question did not mention GPA or indicate that defendant No.1 was acting on behalf of his sisters/co-owners - Defendant No.1 signed the agreement solely in his capacity and there was no representation made to plaintiffs that he had the authority to bind..........
Agreement to sell -- Specific performance - Co-owners - Plaintiffs failed to demonstrate readiness and willingness to perform their obligations and did not take necessary steps to secure the consent of all co-owners - Granting specific performance would unfairly prejudice the defendants, especially defendant Nos. 6 to 8/co-owners, who never consented to the sale to..........
Agreement to sell -- Specific performance - Execution of agreement to sell by defendant No.1 on behalf of herself and on behalf of other defendants including minors - No power of Attorney was there in favour of defendant No.1 and even no permission was sought from the Court of competent jurisdiction regarding selling of property of minors which is sine qua non as per..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband maintaining two minor children alongwith his old, aged mother - Husband doing private job in a factory and earning 6-7 thousand per month - Wife is able bodied but claims not working - Provision of S.125 Cr.P.C. cannot be permitted to be misused to allow able bodied wives to sit idly at home while..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Addition of future prospects cannot be denied in cases of self employed persons or those employed on a fixed salary...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Agreement to sale does not create any right in the subject matter of suit property unless specific performance of contract is allowed in favour of proposed purchaser - Claim of such person for injunction over suit property is without any basis - Moreover, when..........
Prevention of Money Laundering Act, 2003, Section 45(1) -- Proviso - Bail - Woman accused - Proviso to S.45(1) of the Act would entitle a woman for special treatment while her prayer for bail is considered - However, while denying such a benefit, Court will be required to give special reasons as to why such a benefit is denied...........
