Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both the parties are working and earning well for themselves - Considering facts and circumstances of case including financial status of parties who are both working professionals and other attendant factors, sum of Rs.25 lakhs is just and reasonable towards full and final settlement including permanent alimony...........
Co-sharer -- Injunction - Co-sharer in physical possession of a specific portion of joint land, whose possession is admitted, cannot be restrained from raising construction thereupon - However, any construction raised by the respondents over their exclusive portion, shall remain subject to the final outcome of the partition proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Partition suit -- Mesne profits - Application seeking interim mesne profits or profits gets more credence in appeals against decree for partition or in final decree proceedings where plaintiff established that property is joint family property and defendant is exclusively deriving income from suit property though plaintiff is in constructive joint possession of the same...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Payment of decretal amount out of Court - Application seeking certification of satisfaction of decree - Once DH admits his signatures on receipt acknowledging full and final payment, evidentiary burden stands duly discharged - Admission is the best evidence against maker and unless satisfactorily..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Interim relief - Appellate Court must independently consider the application for interim relief pending final disposal of appeal on its own merits and established legal principles - It should not just look into final outcome of suit...........
Indian Penal Code, 1860, Section 493, 496, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 493, 496 IPC - Quashing of proceedings - Ss.493, 496 IPC incorporated in final report filed by police u/s 173(2) Cr.P.C. - However, Court is prescribed from taking cognizance of offences except upon complaint made by aggrieved person - Petitioner cannot be compelled to..........
Service -- Appointment on basis of forged degree/certificate - Fact that degree/certificate in question is forged and fabricated not controverted by respondent - Thus, no holding of a departmental inquiry in the particular facts and circumstances of case may not be a factor to vitiate final order of dismissal from service passed against respondent - Order of dismissal of..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised in any Court at any stage and even after final disposal of a special leave petition u/art 136 of Constitution...........
