Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in Second Appeal can interfere with findings of trial Court on ground of failure on part of trial as well as first appellate Court, as the case may be, when such findings are either recorded without proper construction of documents or failure to follow the decisions of Supreme Court and acted on..........
Armed service -- Benefit of permanent commission - On parity basis - Appellant was wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission - There is no reason as to why appellant should not be treated alike - Appellant a woman officer has continuously worked since 2007 and even as late as on 2017 she was..........
Armed service -- Liberalised Family Pension - Deceased was operating near Line of control (LC) in extreme climatic conditions on the date of his death - He was part of Operation Rakshak and was on duty near LC - Case of deceased will fall in the category of `Battle Casualties' - Since death has occurred as a result of a war-like situation prevailing near LC, clause (f) of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - In the absence of element of cruelty and desertion established as may entitle husband to a decree of divorce, that relief may not be granted solely on the strength of ground of irretrievable breakdown of marriage, as said ground is not a statutory ground but a ground referable to a..........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - If abuse of process is noticed after disposal of case or if a modification is found essential to meet the ends of justice, Supreme Court would be justified in entertaining an application in a disposed of case and exercising its inherent powers...........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - When individual facts of a particular case so warrant, there can be no bar to entertain a clarification/modification petition in a disposed of case...........
Constitution of India, 1950, Article 226 -- Writ petition - When a party is relegated to High Court to pursue its remedies, it would not be proper in the normal course to bind High Court with directions in relation to proceedings to be impugned before Court - Ordinarily, Supreme Court would leave all issues open for the party so relegated to raise and pursue before High..........
Supreme Court Rules, 2013, Order 21, Supreme Court Rules, 2013, Order 22 -- Special Leave Petitions - Special Leave Petitions civil or criminal have to be filed in the Supreme Court in compliance with the Rules contained in O.21 and O.22 of Rules...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Rent and Eviction -- Non-payment of rent - Tenant has failed to comply with the interim order passed by Court regarding payment of rent during pendency of appeal before Supreme Court, and hence is in default - Tenant evicted - However, landlady shall have right to recover arrears of rent from tenant as determined by Supreme Court for the period of default by initiating..........
