Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Monetary relief - Claim by divorced woman - Woman having lived in a domestic relationship with a male is entitled to claim monetary relief under the Act irrespective of fact that status of matrimonial relationship survives or not - Divorced woman, held, entitled to claim monetary relief..........
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...........
Advocates Act, 1961, Section 24, 28 -- Enrollment with Bar Council - Directions:- (i) Bar Council are directed to verify whether the candidates who apply for enrollment after crossing 40 years of age have rightly obtained Law Degree or not and if they have obtained Law Degree while in service then they shall not be enrolled; (ii) Bar Councils shall verify the ration card,..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Will cannot be made the subject matter of challenge by tenant who cannot deny and in fact does not deny his status as tenant in suit property - Question of ownership sought to be raised by tenant would not be crucial in an eviction petition - Eviction upheld...........
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 497, 498, Criminal Procedure Code, 1973, Section 198(2) -- Adultery - Husband concerned alone can file complaint against adulterer - However, in the absence of such husband, some other person can make complaint in respect of said offence under conditions provided in S.198(2) Proviso Cr.P.C. - But once husband obtains divorce from his wife,..........
Interpretation of statute -- Power to invalidate a legislative or executive act lies with the Court - Judicial pronouncement either declaratory or conferring rights on citizens cannot be set at naught by a subsequent legislative act for that would amount to encroachment on judicial powers - However, legislature would be competent to pass amending or a validating act, if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8(c), 21(c) -- Offence u/s 8(c) and 21(c) of Act - Reduction of default sentence - Accused convicted and sentenced to undergo R.I of 10 years along with 1 lac fine in default to undergo further period of six months - They suffered a substantive sentence of 10 years but during these ten years they failed to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband admitted his income to be Rs.15,000/- - Grant of one third of income is sufficient for maintenance allowance keeping in view the status of parties - Maintenance pendente lite enhanced from Rs.2,000/- to Rs.5,000/-...........
