Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Voluntarily relinquishing right to maintenance - It does not prohibit wife from later claiming maintenance if circumstances change and she becomes incapable of maintaining herself...........
Criminal Procedure Code, 1973, Section 125, Divorce Act, 1869, Section 37 -- Maintenance to wife - Relinquishment of right to future maintenance - Wife can claim maintenance, even when she has waived her right to future maintenance by an agreement, by establishing that benefits she received in lieu of maintenance are no longer sufficient for her livelihood due to change in..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Tenant who is concededly in possession of property ought not to be evicted at the interim stage of deciding an application U.O.41.R.5 CPC - Eviction of tenant at the interim stage would naturally render appeal infructuous qua his rights, as in the meanwhile landlord shall be at liberty to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future medical expenses - Victim was 22 years old when he was rendered almost immobile by injuries suffered in an accident - A prosthetic limb, would in any event cost approximately Rs.2 lakhs and it would have to be changed in every five years - Even on a conservative estimate, victim would require the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor girl - Claimed by father - Mother of child died and minor girl is living with her maternal grandparents before death of mother - Minor child expressed unwillingness to reside with her father and she is comfortable with her grandparents where she excelled in her studies and progressed well - Grandparents of child..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Service -- Change of cadre - If a government employee holding a particular post is transferred on public interest, he carries with him his existing status including seniority to the transferred post - However, if an officer is transferred at his own request, such a transferred employee will have to be accommodated in the transferred post, subject to the claims and status..........
