Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Service -- Promotion - Denial of - Post of Under Secretary - Respondent appointed as Section Officer not disputed by appellant - However, co-respondents were ineligible for promotion as held by High Court - There was thus, no impediment for promotion by selection of respondent to the post of under secretary under statutory rules - Action of appellant denying promotion to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet against accused filed within prescribed time limit and cognizance taken - Right of statutory bail to accused is not available on the ground that investigation qua other accused is pending...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral application made by accused is sufficient to release him on statutory bail due to failure of I.O to file the final report on time and the Public Prosecutor not seeking for extension of time as provided u/s 36-A of NDPS Act - Accused..........
Will -- Execution - Witnesses have identified their signatures on Wills only being scribes and not one of the attesting witnesses - Statutory requirement of Will have been attested by two witnesses has not been fulfilled...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months waiting period - Court may exercise its discretion to waive off statutory period of six months in the facts and circumstances of a case especially when there is no possibility of parties to resume cohabitation and there are chances of alternative rehabilitation ...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months waiting period - Parties are living separately since Jan 2020 - No child is born out of wedlock - All efforts of reconciliation have failed and parties are not willing to live together as husband and wife - Permanent alimony is settled between parties - Parties have also expressed..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory right of default bail cannot be circumvented by imposing onerous conditions - Arbitrary condition imposed while granting statutory bail amount to infringement of fundamental right of detenue u/art 21 of Constitution...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation - Parents are not looked after but were manhandled by their children who have taken gift of parent's property - Liability to look after the aged parents is not a matter of charity but a statutory obligation - Gift deed rightly set aside...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to unmarried major daughter - Unmarried daughter is entitled for maintenance from her father till she is married even though she has become major, which is statutory right recognized by S.20(3) of Hindu Adoptions and Maintenance Act - Family Court directed to..........
