Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has sufficient means available with him to pay the amount of permanent alimony to wife - He has inherited the retail outlet from his father - Various other immovable property referred by trial Court indicates that husband is a man of adequate financial means - It is the responsibility of husband to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife without any justifiable reasons left matrimonial home for over 20 years - In the absence of any corrective measures initiated by wife after having left matrimonial home, version of wife that she was compelled to leave the house due to treatment meted out by husband needs to be viewed with suspicion - Marriage between..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A permanent injunction is an order of substance and ought to be treated as such...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Burden of proof - Suit for permanent injunction filed by plaintiff restraining the defendants and their men from interfering with their possession and enjoyment over the suit property - Burden is on plaintiff to prove that they are in possession and enjoyment over the suit property as on the date of suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendant admitted possession of plaintiffs over suit property since 20 years prior to institution of suit - Even, as per own case of defendant that he is not claiming any title in the suit property - Therefore, defendants and their men are not entitled to interfere with the possession and enjoyment of..........
Transfer of Property Act, 1882, Section 106 -- Eviction notice - Notice of eviction was duly received by defendant and suit was filed by plaintiff after lapse of 15 days from the date when notice of eviction was received by defendant - Landlord is entitled to eject tenant after giving him notice to quit unless tenant proves that he has a right to remain on the land..........
Service -- Regularisation - Labour Court directed that employee should be classified as permanent employee - However, respondents in their appeal stated that employee cannot be regularized in the absence of a sanctioned post - Even if no post was available, employee was required to be placed in a supernumerary post till such time a sanctioned post became available where he..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband and wife both are software engineers and were earning handsomely at the time of their marriage more than two decades ago - It is reasonable to infer that their respective incomes must have increased substantially over the years - However, considering dynamics of their separation and financial burden wife..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in right eye - Appellant made five visits to doctor in a week's period while consistently complaining of immense pain in the operated eye, headache and lack of vision - However, respondent doctor kept reassuring appellant that operation was successful and he would..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of permanent disability - Appellant was a diamond cutter by profession - He suffered a complete loss of vision in one eye in the accident - Diamond cutting, is a task of immense skill which involves a great degree of precision and exactitude - Main process of cleaving and sawing clearly can be completed only..........
