Hindu Marriage Act, 1955, Section 13(1)(a) -- Divorce - Cruelty by husband - Husband demanded dowry from his in-laws which were met for most of the time as wife belonged to a affluent family - Husband did not take care of wife and she lost the child after full term pregnancy - Later, husband and his family members did not see the child born from her second pregnancy - Plea..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 30 -- Eviction petition - Issue raised by defendants is improper communication of sale deed - This cannot be accepted for reason that notice has properly been served, defendants have accepted change of landlordship in their written statements and also payment of Rs.32/-p.m u/s 30..........
Constitution of India, 1950, Article 226, Companies Act, 2013, Section 212, 219 -- Stay of operation of order of investigation into affairs of company - It cannot be said that Union Government had not indicated reasons for exercise of its jurisdiction u/ss 212 and 219 of Companies Act - Since Union Government was only ordering an investigation and it would be inappropriate..........
Civil Procedure Code, 1908, Order 19, Rule 3, 9, Allahabad High Court Rules, 1952 -- Chapter IV, R.12 - Affidavit - Person making averments in the affidavit must disclose as to what facts are true to his personal knowledge, what facts are true on the basis of information received from others which he believed to be true and what facts are based on information derived from..........
Indian Penal Code, 1860, Section 302, 149, 148, Arms Act, 1959, Section 25, 27 -- Murder - Presence of accused established all through which was referred to in FIR and in the evidence of all concerned eye witnesses - Eye witness account shows participation of accused in the initial scuffle in which deceased were pushed as well as in the exhortation - Evidence of eye..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu widow - Hindu widow was found to be in exclusive settled legal possession of HUF property prior to and after the commencement of the Act as such the only conclusion which can be drawn is that she acquired property in lieu of her pre-existing right to maintenance from estate of HUF of her husband - She had held..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Commissioner for the second time for site inspection - If site Commissioner was not able to have full access for considering entire location of property, it cannot be inferred that successive Commissioner cannot be appointed...........
Mohammedan Law -- Inheritance - Deceased expired issueless and defendants 1 to 4 were sons of brothers of deceased - Therefore, they fall within ambit of residuary as defined u/s 65 of Mohammedan Law as per Category III descendants of a father and fall within Clause IX i.e Full Brother's son - Since the defendants are residuary as defined u/s 65 of Mohammedan Law and..........
Service -- Reinstatement with 50% back wages - Claim of full back wages - Assertion as to non employment - There is an obligation on the part of employee to plead that he is not gainfully employed - It is only then that burden would shift upon employer to make an assertion and establish the same...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - A-1 assaulted deceased by means of knife causing an injury on her neck which can be said to be such an act with full knowledge that it would in all probability cause her death - There was no provocation from the side of deceased, who had a quarrel and fight with A-2 - Evidence shows that A-2 facilitated assault by..........
