Work Contract -- Specific performance - Disputed questions of fact arise in the case such as whether in fact goods were manufactured as per specifications or not - In absence of any evidence and material on record and there being disputed questions of facts, High Court ought not to have passed impugned judgment and order directing appellant to continue work order and..........
Civil Procedure Code, 1908, Order 32, Rule 3A -- Decree against minor - Setting aside - If minor is able to demonstrate negligence of party, who litigated issue encompassing minor's interest, substantial representation of minor's interest is still open for challenge in view of O.32.R.3-A CPC - This ground is available to minor even if minor has been represented by a..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is employed in police force and he is getting salary of Rs.70,000/- p.m - However, no document with regard to income of wife was produced - In absence of any evidence regarding wife having any adequate source of income, on facts and circumstances of case, order determining amount of maintenance @..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14(1A) -- Secured asset - District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate commissioner to assist him/her in execution of order passed u/s 14(1) of the Act - Such an advocate must be regarded as an officer of Court and..........
Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Criminal Procedure Code, 1973, Section 207, 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44 -- Protected witnesses - Supply of copies of redacted statements of these protected witnesses - Trial Court passed the order permitting redaction of address and particulars of witnesses which could disclose their identities and other relevant paras in the statements..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Right of residence - Shared household - Right of residence u/s 19 of the Act is not a indefeasible right of residence in a shared household, especially, when daughter-in-law is pitted against aged father-in-law and mother-in-law - Daughter-in-law rightly evicted from shared household, since there exist a..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court is to record its satisfaction to extent that evidence if goes unrebutted, would lead to conviction - Trial Court while allowing application u/s 319 Cr.P.C not discussed or recorded its satisfaction to that extent - Impugned order set aside - Matter remitted back to trial Court for fresh..........
Tender -- Blacklisting - Serious allegations and act of omission and commission on the part of contractor on record which led to a serious incident of collapse of ten meter slab while constructing a flyover in which one person died and eleven others injured - It was specifically found that safety arrangements were lacking severely in the construction work zone -..........
