Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Appellant Court is competent to make an order of maintenance pendente lite as appeal is continuation of the proceedings of which decree is assailed...........
Surplus area -- Proceedings for determination of surplus area which was pending on the date of enactment of Haryana Ceiling of Land Holdings Act was to be continued and disposed of as of said Act had not been passed - Therefore, in continuation of disposal of pending proceedings, said Act was not to be taken into consideration in any manner and benefit of said Act cannot..........
Service -- Time bound promotion - Respondent being an electrician already given pay scale of an Assistant as per decision of President in view of Settlement of 1984 - In subsequent settlements only time gap was reduced for promotion and settlement of 1984 shall remain in force - High Court therefore, committed error in holding that respondent shall be entitled to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties amicably - Continuation of criminal prosecution would be an exercise in futility, as chances of ultimate conviction are bleak - Proceedings quashed - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 472, 468, Companies Act, 1956, Section 630 -- Refusal to vacate company`s quarter - Conviction - Cognizance of offence under Companies Act - Statutory provision in Companies Act reveals that if any officer or employee of a company wrongfully obtains possession of its property, he shall be liable to criminal prosecution u/s 630..........
Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406, 498-A IPC - Compromise - Allowed so far as it relates to offence u/s 406 IPC but decline so far as it relates to offence u/s 498-A IPC - Where possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice, Court may quash proceedings -..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 354, 451, 323, 506, 34 -- Quashing of FIR - Offence u/ss 354, 451, 323, 506, 34 IPC - Compromise - Offences u/ss 354, 451 IPC not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Service -- Post of Junior Accounts clerk - Re-instatement or reappointment - Termination due to one `S' reverted to his original post of Junior Accounts clerk - Appellant was reinstated on the post because vacancy on which he was appointed became available by interim order obtained by `S' - Although in the Court order it refers as an order of reappointment, but in essence..........
