Constitution of India, 1950, Article 226 -- Judicial review - When such right is available to a citizen then High Court in exercise of judicial review had every jurisdiction to maintain status quo so that by lapse of time, petition may not be infructuous...........
Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act, 2017, Section 3, Constitution of India, 1950, Article 16, 145, Supreme Court Rules, 2013, Order 12, Rule 3 -- Promotion - Reservation - Scheduled caste and scheduled tribe candidate - Act of 2018 declared valid by..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Bonafide requirement - Death of landowner during pendency of revision petition - Once statute itself recognizes necessity of not only owner but also of persons ordinarily residing and dependent on him or her death of landowner during pendency of revision petition would not adversely affect rights..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Revision petition - Jurisdiction of High Court - While hearing revision petition against order of eviction jurisdiction of High Court is limited and subsequent event unless it completely wipes away or removes entire basis of claim, High Court in exercise revisionary jurisdiction would be slow to..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Husband proved that wife's attitude was indifferent and un-conciliatory and that she was rude exhibiting no intention to honour her relations with husband as his wife and daughter-in-law of his parents - Such acts not only showed cruelty on part of wife but..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by husband - Cruelty - Wife making unnecessary allegations, commenting upon character of her husband and his sister in public at large causing mental cruelty - Witnesses of wife also not found to be believable as they have not seen incidence of torture on wife by husband - Also wife has earlier filed case..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Limitation period - Period of limitation would start running from date decree was passed in foreign Court of a reciprocating country - However, if DH first takes steps-i, aid to execute decree in cause country and decree is not fully satisfied, then he can file a petition for execution in India..........
Civil Procedure Code, 1908, Section 44A, 13 -- Execution - Foreign decree - Party filing petition for execution of a foreign decree must also necessarily file a written application in terms of O.21.R.11(2) CPC - Without such an application it will be impossible for Court to execute decree - Such application for executing a foreign decree will be an application not covered..........
Civil Procedure Code, 1908, Order 21, Rule 90, Limitation Act, 1963, Section 5, 14 -- Recovery of amount due - Condonation of delay - Court receiver was permitted to sell property - Application U.O.21.R.90 CPC set aside - S.5 of Limitation Act which deals with extension of time or condonation of delay is not applicable to proceedings U.O.21.R.90 CPC - Therefore, delay, if..........
