Service -- Compassionate appointment - Relaxation of age - Relaxation of age is a step to be taken in the final stages of the entire process and it would arise for consideration provided all other conditions for appointment are satisfied - As per record, the family of deceased in not indigent therefore, the application process cannot proceed any further, making it..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Well educated wife - Wife can support herself financially by doing a suitable job - Wife was doing job earlier - Wife was jobless at the time of filing of application for grant of maintenance but she was having definite prospect to work and earn her livelihood - Taking into consideration that husband has a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Ad interim injunction - Plaintiff can approach Appellate Court during pendency of application for grant of ad interim stay...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - To grant leave u/s 92 CPC, allegations in the plaint are only to be looked into by Court - If Court enters into a satisfaction that a prima facie case has been made out, then leave has to be granted for proceeding with the suit...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave even without notice to opposite party - But it is desirable to give notice and hear other party and give them an opportunity to controvert allegations before leave is granted...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Leave granted by Court u/s 92 CPC is only a preliminary stage and is not conclusive, and at any time, opposite party can move Court to revoke leave granted or dismiss suit after adducing evidence - Initial grant of leave will not affect final decision on merits if parties are to adduce..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Even in proceedings of declaration of nullity of marriage, respondent is entitled for maintenance and litigation expenses, if other conditions are satisfied for grant of maintenance...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430 -- Suspension of sentence during pendency of appeal - If a case is made out for grant of suspension of sentence and bail in deserving cases on merits, Court is not powerless to grant relief of suspension of sentence and bail pending an appeal, even if an accused has not undergone half of sentence - There cannot be a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Appellate Court is bound by constraints of S.37 of the Act while considering the prayer for the grant of bail during the pendency of an appeal...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Grant of leave to appeal - Law as to: (i) Ss.96, 100 CPC respectively provide for preferring an appeal from an original decree or decree in appeal respectively; (ii) said provisions do not enumerate categories of persons who can file an appeal; (iii) However, a stranger cannot be permitted to file an appeal in any..........
