Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 58, 59, 61, 62, 63 -- Chief Commissioner or Commissioner, functioning under the Act, has no power to issue any mandatory or prohibitory injunction or other interim directions, irrespective of the fact that Act clothes them with certain power of civil Court..........
Will -- Difference in spacing - In three fourth portion spacing wider - Not a suspicious circumstance - While writing a document on a plain paper, it is not always possible to maintain perfectly equal space in between the lines...........
Will -- Depriving some of the heirs - If while executing the Will, some heirs of the equal degree are ignored by the testatrix that is not a suspicious circumstance. (1996(1) Apex Court Journal 1 (S.C.) followed...........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Section 33 -- Recruitment - Advertisement - Reservation - Physically disabled persons - Post of Staff Nurse - 280 vacancies advertised without any reservation for physically disabled persons as mandated by Section 33 of the Act, 1995 - Appellant had to apply against..........
Stamp Act, 1899, Section 35, Evidence Act, 1872, Section 65 -- Nature and scope - Both the provisions operate in different fields - Cannot be given equal platform...........
Hindu Marriage Act, 1955, Section 26 -- Child - Maintenance - Contribution towards maintenance by both spouses who are earning, need not be in equal proportion - The same to be decided on the basis of facts - Welfare of the child is the paramount consideration though other matters such as income of both parents, needs of the child and the like, may also be considered...........
Forest (Conversation) Act, 1890 -- Petrol pump - Proposed to be set up at forest land on National Highway - Grant of No Objection Certificate by Forest Department as no felling of trees involved - Requisite amount for uprooting 46 plants deposited under the compensatory afforestation scheme envisaged by the Central Government - The only direction which High Court can give..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Anganwadi Worker - Educational qualification - Preference - Instructions provided that in case of equal merit preference would be given to those who are more qualified than other - If the qualification for daughter - in - law and daughter of the village are equal then daughter - in - law of the village given..........
Constitution of India, 1950, Article 14 -- All persons similarly placed shall be treated alike, both in privileges conferred and liabilities imposed - Equal laws have to be applied to all in the same situation without any discrimination...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife besides maintenance is also entitled to right of residence with equal status as that of husband...........
