Service -- Termination - Appointment of appellant was not contractual in nature and he was being paid annual increments also - Post held by appellant was sanctioned and financially supported by UGC under Tenth plan - Though University had power to abolish any department but not the post sanctioned under Tenth plan by UGC - Post held by appellant would correspondingly..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 405 -- Cheating and criminal breach of trust - Quashing of proceedings - Criminal colour given to a civil dispute - Such an exercise is nothing but an abuse of the process of law - It must be discouraged in its entirety...........
Indian Penal Code, 1860, Section 302, 120B, Evidence Act, 1872, Section 3 -- Murder and conspiracy - Proof - Accused while in jail hatched criminal conspiracy with co-accused and committed murder of deceased by firing gun shot and blasting bomb - Conspiracy by accused not proved, as though wife of deceased deposing about threats given by accused to kill his husband in..........
Indian Penal Code, 1860, Section 511 -- Attempt to commit offence - Attempt is a mixed question of law and facts - Attempt is direct movement towards commission after preparations are over - It is essential to prove that attempt was with an intent to commit offence - An attempt is possible even when accused is unsuccessful in committing the principal offence - Similarly if..........
Motor Vehicles Act, 1988, Section 166, 2(11) -- Accident - Compensation - Legal representative - Mother-in-law of deceased was residing with deceased and his family members - She was dependent on deceased for shelter and maintenance - Mother-in-law may not be a legal heir of deceased, but she certainly suffered on account of his death - She is thus, a `legal..........
Muslim Law -- Extra judicial divorce - Unilateral extra judicial divorce under Muslim Personal law is complete when either of spouse pronounce/declare talaq, talaq-e-tafweez or khula, as the case may be, in accordance with Muslim Personal Law...........
Muslim Law -- Extra judicial divorce - Extra judicial divorce by mubaarat mode is complete as and when both spouses enter into mutual agreement - Seal of Court is not necessary to the validity of any of these modes of extra judicial divorce...........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Endorsement of extra judicial divorce and consequential declaration of status of parties by Family Court invoking S.7(d) of Family Court Act is contemplated only to have a public record of extra judicial divorce - Hence, detailed enquiry is neither essential nor desirable in a proceeding..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Guidelines issued to Family Court in a petition filed u/s 7(d) of the Act to endorse extra judicial Divorce under Muslim Personal law and to declare the marital status of parties to marriage viz. : (i) on receipt of petition, Family Court shall issue notice to respondent; (ii) After service of..........
