Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Suspicious nature of wife towards husband - Husband alleges that his wife quarreling with him on trivial issues and pressuring him not to keep any female staff in his office - However, from last 5-6 years husband not employed any female employee in his office - Setting for cause of mental cruelty as..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Date from which maintenance payable - Failure to specify - Necessarily means that it is payable from date of order...........
Industrial Disputes Act, 1947, Section 25F -- Service - Theory of 240 days for continuous service - Means that a workman is deemed to be in continuous service for a period of 1 year if he during the period of twelve calender months preceding date of retrenchment has actually worked under employer for not less than 240 days...........
Industrial Disputes Act, 1947, Section 25F -- Casual labourer - Retrenchment - Benefit of continuous service for a period of 240 days - Employee worked only for 195 days in immediate preceding year of his dismissal which is below required 240 days of working in period of 12 calender months preceding date of dismissal - He is therefore, not entitled to take benefit of..........
Hindu Succession Act, 1956, Section 8 -- Self acquired property - Hindu male dying intestate - Plaintiffs and defendants being daughters and sons of deceased entitled to take equal shares u/s 8 of the Act - Defendants failed to prove Will as asserted by them, thus parties entitled to equal share of property irrespective of their date of marriages...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific..........
Arbitration Act, 1940, Section 3 -- Schedule 1, R.4 - Disagreement between Arbitrators - Reference to Umpire - De novo hearing - Appellant filed the application for reference to umpire at the stage when final arguments on the side of respondent is finished and date was fixed for final arguments of appellant - Such highly belated application clearly shows that it was not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant from date of application - Reasons not recorded for grant of maintenance from date of application - Impugned order set aside - Maintenance payable from date of order...........
Service -- Payment of salary - Single Judge of High Court stayed the impugned order stopping salary only on the basis of doubt - Division Bench modified said order that status as prevailing on date of filing of writ petition be maintained - No justification at all for Division Bench to take such a view as appellant has been working since 1987 and was drawing salary till..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of offending vehicle in accident - Vehicle was seized by police after investigation only after one month from date of accident and possibility of same having been repaired in meantime could not be ruled out - High Court thus, committed error in reversing the finding of Tribunal by holding that vehicle is not..........
