Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Provident Fund Act, 1925, Section 4(1)(b), 4(1)(c)(i), 5, General Provident Fund (Central Service) Rules, 1960, Rule 33(ii) -- General Provident Fund (GPF) - Release of funds to nominee - Nominee has primacy to receive the amounts standing in the name of a depositor upon his death - However, if amount in provident fund account exceeds more than Rs.5,000, nominee is..........
Service -- Allocation of cadre - Candidate having qualified the Preliminary Examination availing relaxed standard becoming eligible for Main Examination must be considered against reserved vacancies only and cannot be considered on general/unreserved vacancies for the purpose of cadre allocation...........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - General statement to the effect that concerned Court is doing favour to other side, is not sufficient for purpose of establishing any bias...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Decree of divorce cannot be granted merely because marriage has become strained or parties are living separately - Matrimonial ties cannot be dissolved on basis of general allegations or because of incompatibility alone...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - After commencement of trial - Explanation that facts were inadvertently missed out or not noted by the counsel is too general and cannot be accepted as sufficient compliance with statutory requirement of due diligence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Agreement to sell -- Specific performance - Ready and willing - Deposit of money in Court - Direction to deposit money is an exception and general rule is that there is no necessity to deposit money to prove readiness and willingness to perform his part of contract - It is sufficient that plaintiff makes an averment that he is ready and willing to perform his part of..........
