Succession Act, 1925, Section 372 -- Legal heir certificate - When a brother and sister apply for legal heirship certificate of their deceased brother or sister who died without leaving any Class-I heir, then same can be examined by Tahsildar and Legal heirship certificate can be issued if there were no rival claimants - However, if there are rival claimants even among..........
Partition suit -- Plaintiffs were co-sharer of suit land - Land was still joint and it was never partitioned - Concurrent findings of facts on record that there was status of jointness and plaintiffs were entitled to decree of partition - No interference warranted in said findings...........
Hindu Marriage Act, 1955, Section 25 -- Maintenance to son - Marriage between parties dissolved - However, husband cannot be absolved from his liability and responsibility to maintain his son till he attains age of majority - Wife is not earning and she is residing at her parental house - Amount which was being paid pursuant to order passed by Army Authorities on..........
CBI (Crime) Manual, 2005 -- Para 23.21 - Conversion of preliminary enquiry into regular case - Additional Director CBI recommended conversion of preliminary enquiry into a regular case against certain named officials and persons - Difference of opinion between the Director of CBI and Director of Prosecution CBI, matter was to be referred to the Attorney General - There is..........
Custody of wife -- Writ of Habeas Corpus - Petition filed by husband - Detenue at the time of her marriage was minor, but when she is produced before Court has attained majority - Being major detenue does not ratify alleged marriage nor her marital status with alleged husband - Even, she does not want to go with husband/next friend to cohabit with him - Writ of habeas..........
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..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Quantum of permanent alimony should be fixed taking into consideration status of parties...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant is holder of cheque in due course - Cheque belongs to accused is undisputed - Further signature on cheque is also not under dispute - Hence, initial presumption u/s 139 of the Act is in favour of complainant and it is a rebuttal presumption - Burden is on accused to rebut..........
Service -- Compassionate appointment - Suitable post u/r 5 of 1974 Rules, has to be considered, considering status/post held by deceased employee and educational qualification/eligibility criteria is required to be considered...........
