Service -- Setting aside dismissal order - Employee has no right to claim back wages as of right only for this reason - In such cases, it is necessary for workman to plead and prove with aid of evidence that after his dismissal from service, he was not gainfully employed anywhere and had no earning to maintain himself or/and his family - Employer is also entitled to prove..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder of wife by husband - Death by burning - Three dying declaration - Deceased stated against accused for setting her on fire in third dying declaration - Said fact was recorded by Special Judicial Magistrate who proved the same - Doctor who certified the fitness was present during the same and has..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the interest of second wife - Courts..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
Hindu Marriage Act, 1955, Section 13B -- Decree of divorce by mutual consent - Plea of fraud taken by wife - Appeal - Maintainability - Wife contended that decree of divorce by mutual consent obtained by husband by playing fraud - It will be a question of law and fact to determine whether mutual decree of divorce had been obtained by playing fraud on Court - Wife is..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes having taken..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- Arbitral award - Setting aside - Proof - Ordinarily anything beyond Arbitration record not required - However, matter not contained in such record may be brought to notice of Court by way of affidavits - Cross examination of persons swearing to the affidavits should not be allowed unless absolutely necessary...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value of wet land, dry land and chira land - Enhancement of - Reference Court awarded Rs.2000% for wet land in earlier round of litigation - High Court committed error by setting aside the order of Reference Court - Keeping in view the nature of land, its surroundings and location and..........
Transfer of Property Act, 1882, Section 54, 55(4)(b), 8 -- Registered sale deed - Setting aside - Sale consideration paid through cheque which was duly encashed and the amount was credited in the accounts of vendors - Amount remained in the account of vendors for nine months - After nine months CBI stopped the bank of vendors from disbursing the said amount deposited by..........
Arbitration and Conciliation Act, 1996, Section 34(5)(As -- Arbitration award - Setting aside - Provision of S.34(5) is procedural, the infraction of which leads to no consequence - However, it shall be the endeavour of every Court in which a S.34 application is filed, to stick to the time limit of one year from the date of service of notice to the opposite party by the..........
