Constitution of India, 1950, Article 14 -- Classification of pensioners - No valid justification to create two classes i.e one who retired pre-1996 and another who retired post-1996 for purpose of grant of revised pension - Classification in question has no reasonable nexus to objective sought to be achieved while revising pension - State cannot arbitrary pick and choose..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden fight between parties started in the heat of passion upon a sudden quarrel - Occurrence was without pre-meditation - Accused and co-accused were not pre-armed - Deceased sustained as many as nine injuries except injury Nos.1 to 3, caused on head and all other injuries..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Pre requisite to institute complaint of sending notice not satisfied - No cause of action arose - Conviction set aside as complaint was not maintainable...........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - If a woman has pre-existing right of maintenance and if property is given to her, even without a recital that it is being given towards maintenance, same would enlarge into an absolute estate - However, if she does not have a pre-existing right of maintenance even it is..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - Gift deed - Property gifted to Hindu female towards maintenance, as earlier some properties were given by her i, laws are not sufficient for her maintenance - There is recital in gift deed to that effect - No evidence on record as to how much property was given to her by her i,..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Issues raised in application could be answered only after trial of case - Such issues cannot be pre-judged merely by looking into the plaint - From the averments in plaint read in its entirely, it cannot be said that plaint do not reveal a cause of action - Order rejecting plaint set..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - There is absolute bar provided u/s 18 and reiterated u/s 18-A of SC/ST Act against grant of pre-arrest bail - Application u/s 438 Cr.P.C. dismissed...........
Banking Regulation Act, 1949, Section 6, Indian Contract Act, 1872, Section 126, Constitution of India, 1950, Article 14 -- Bank Guarantee - Levy of commission charges for the unexpired period of a bank guarantee - Refund of the said amount - When the guarantees are cancelled at the request of the constituents, the period of unexpired guarantee collected thereon can be..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A -- Quashing of summoning order - Death by medical negligence - - Quashing of summoning orders - There is a pre-condition for seeking an opinion from a doctor in Government Service qualified in branch concerned before proceeding in a complaint case and that condition has not been satisfied in..........
Hindu Succession Act, 1956, Section 14 -- Property held by Hindu Female in lieu of pre-existing right of maintenance after coming into force of the Act, would blossom into complete ownership and therefore, she can deal with the same in any manner, she likes in accordance with law - No hurdles or fetters can be placed on such ownership...........
