Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No document is filed to show income of wife, thus she is unable to maintain herself - Husband on the other hand does not show that he is unable to earn - He has no other liability except wife - Husband had sufficient income derived from joint family properties - Wife needs security however meager may be -..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(3)(a)(iii) -- Rent and eviction - Non-payment of rent and own use and occupation - Tenant failed to pay rent in time - Landlord accepted that tenant paid rent before January, 2009 - Tenant failed to file any document to substantiate fact that she paid rent from January, 2010 to May, 2010 to..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Private agreement conferring exclusive jurisdiction on Courts at Chennai - Mere fact that Madras High Court is capable of granting adequate relief to appellant does not create a legal bar on Bombay High Court exercising its writ jurisdiction - Bombay High Court failed to examine case holistically and make a..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder - Wife suffering from schizophrenia - Husband failed to prove that wife was suffering from disease of schizophrenia and same was not curable - Though medical document as to mental illness of wife exhibited by husband but he failed to produce any expert medical evidence to prove said document - Mere..........
Evidence Act, 1872, Section 74 -- Public document - Certified Copy of deposition can be made admissible in course of trial as a public document in terms of S.74 of the Act...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Government of West Bengal School Service Commission (Selection of Persons for Appointment to Post of Teachers) Rules, 2007, Rule 5 -- Posts of Assistant Teacher of Arabic - Additional essential qualification - Language option - Respondent applied for the post in a Bengali medium School in format prescribed - However, respondent was educated outside the State of West Bengal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is not the requirement of law that accused should ask complainant/prosecutor to produce a particular document to prove charges against him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal liability - Loan transaction - Non-production of material document/account books of business goes against accused to rebut his contentions about advancement of loan to accused and support his contentions that cheque in question was given as security cheque to complainant himself, a commission..........
Indian Penal Code, 1860, Section 464 -- False document - Mere making a false statement in a document would not come within ambit of S.464 IPC and would not amount to forgery...........
