Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Divorced wife - Wife earning for sometime - No evidence that wife was still earning - Wife did not disclose her employment status - Wife has suppressed the fact - Non disclosure is not an issue as relevant but it was expected that parties should made full disclosure of their respective employments - Maintenance..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Mere status of father as natural guardian would not itself be significant for favorable order in proceedings - Welfare of child would be prime consideration to determine issue of his/her custody...........
Practice and Procedure -- One who assails the constitutional validity of a statutory provision or a rule, has to specially assert the grounds for such challenge. (Para 26). Life Insurance Corporation Act, 1956, S.48, Life Insurance Corporation of India (Employees) Pension Rules, 1995, R.55 - Pension and dearness allowances - Interpretation of Rules and Regulations - Life..........
Life Insurance Corporation Act, 1956, Section 48, Life Insurance Corporation of India (Employees) Pension Rules, 1995, Rule 55 -- Pension and dearness allowances - Interpretation of Rules and Regulations - Life Insurance Corporation prescribed different rates for different groups of pensioners depending upon their date of retirement to confer certain benefits on employees..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Retail outlet -- Cancellation of allotment - Cancellation on ground of mis-statement of facts with reference to cash in bank - Petitioner gave certificate stating movable property which was drawn after advertisement and re-deposited at time of interview - At time of interview affidavit of disclosure of all assets revealed petitioner`s financial status and withdrawal..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue before company court - Quite different than that before arbitral tribunal - Status of appellant as secured creditor has not changed by arbitral award - Principle of res judicata not applicable...........
Agreement to sell -- Specific performance - Suit property whether ancestral property or not - Inspite of statement by defendant additional issue to this effect not framed - Said issue is wholly relevant and significant for the effective disposal of suit - Matter remanded to trial Court for framing additional issue and to decide the status of property after affording..........
Criminal Procedure Code, 1973, Section 145 -- East Punjab Urban Rent Restriction Act, 1949, S.13(2)(i) - Eviction - Tenancy - Whether proceedings u/s.145 Cr.P.C. will have any bearing to rent control proceedings? - Held, it has to be always seen in context in which order is sought to be issued - There could be no rule of thumb that S.145 Cr.P.C. will have no meaning to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- Eviction - NRI landlord - Leave to contest - Contention of tenant that persons who have not acquired Indian citizenship cannot obtain to a Non-resident Indian status - Held, contention is directly against definition of "Non-Resident Indian" under the Act - All that is required u/s. 2(dd) is that person..........
