Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Husband is admittedly an MCA graduate with substantial work experience - Plea that he is unable to earn on account of pending litigations is not acceptable - An able-bodied person is presumed to have capacity to earn and intentional or voluntary unemployment cannot be used as an excuse to avoid..........
Revenue authorities -- Not competent to adjudicate question of title - In the event a serious or bona fide dispute relating to title is found to arise between parties, revenue authorities shall refrain from entering upon such adjudication and leave the parties to work out their remedies before competent Civil Court, which alone is empowered to decide title disputes...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Maintenance to wife - Determination of income of husband employed abroad - Where one of spouses is employed abroad and has failed to place complete and candid disclosure of income before Court, assessment necessarily involves a degree of estimation and informed guesswork -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- (Criminal Procedure Code, 1973, S.125) - Interim maintenance to wife - Mere capacity to earn cannot be equated with actual earnings - When it is admitted that wife is not gainfully employed, question whether she deliberately remained unemployed to extract maintenance, can only be ascertained after evidence is led by..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are staying separately since more than one year as on the date of presenting petition u/s 13-B of the Act - Both the parties have mutually agreed for divorce - Therefore, six months period as well as one year as provided in S.13-B(1) is almost over - Reunion of parties is not possible - Since..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
Civil Procedure Code, 1908, Section 39 -- Execution - Executing Court could not have returned execution petition for presentation to proper Court in view of S.39 CPC - If executing Court found that decree is necessary to be executed by another Court of competent jurisdiction, executing Court can transfer the decree in view of S.39 CPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Mutation -- On the basis of Will - There is no bar for seeking mutation based on a Will - However, in a case of serious dispute regarding validity/genuineness of Will including competence of testator's capacity to execute it or where there are two rival Wills set up, it would be a dispute beyond the competence of Tahsildar to decide and in such a case appropriate course..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Non-payment of balance sale consideration within time period fixed by Trial Court does not amount to abandonment of contract and consequent rescinding of same - Real test must be to see if conduct of plaintiff will amount to a positive refusal to complete his part of contract...........
