Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Child in conflict with law cannot be deprived of care and protection of family for their economic status...........
Demolition of property on ground of involvement in crime -- Transgression by a family member cannot invite action against other members of the family of their legally constructed residence - Alleged involvement in crime is no ground for demolition of property - Moreover, alleged crime has to be proved through due legal process in a Court of law - Court cannot be oblivious..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
Custody of child -- Claimed by mother - Father of child died in road accident - Child is in custody of his grandparents/respondents - He is a minor child aged about one and a half years - Mother is natural guardian of minor child according to S.6 of Hindu Minority and Guardianship Act - Respondent who is grandfather of child is aged about 61 years, is class 8th passed and..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No exceptional circumstances proved by husband to deprive wife of minimal amount for sustenance of life and liberty of wife with minimal dignity - Status of wife remained as a homemaker with no independent source of income - Permanent alimony @ Rs.5 lakh is proper to wife...........
Service -- Regularisation - Respondent has worked as daily wager from 2005 to 2009 - Eligibility for the post he holds has also not been controverted - Fact that respondent initially entered through process in conformity with Arts 14 and 16 of Constitution is also not a serious dispute - High Court rightly directed petitioners to confer the status of a regular employee on..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration - Mere fact that no relief other than declaration is claimed cannot be the reason to decline decree of declaration - Declaration decree does not confer any new right but only clears the mist, which might have gathered around the title to property or the status/legal character of plaintiffs regarding..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - There is no rule of thumb that marriage may be presumed to be irretrievably broken down solely for the reason of length of separation suffered - Only where one of parties is seen to have voluntarily deserted the other and parties have continued in that status for long period of time..........
Custody of child -- Visitation rights granted to father - Objection as to - Child's natural right to know and meet his parents is perfect - Visitation rights granted to father does not alter the status of custody of child - It is thus, seen to be in the best interest of child to continue to meet and know his father through limited interactions pending custody matter - No..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband ready to pay a sum of Rs.3 Crore to wife as permanent alimony - Keeping in view the status of parties, wife is entitled to Rs.3 Crore as permanent alimony and would also be entitled to retain possession of residential house where she is residing...........
