Telangana Prevention of Dangerous Activities of Boot-leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertilizer Offenders, Food Adulteration Offenders, Fake Document Offen, Section 3(2) -- Preventive detention - Mere registration of three offences by itself would not have any bearing on..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Application filed to receive original Will and mark the same as exhibit - Though there is a recital about Will in written statement with regard to said Will, there is no hindrance to receive the same - But, in view of fact that application for amendment of counter affidavit filed by defendant was..........
Nominee -- Provident Fund - Death of employee - In cases of a valid nomination, amount in provident fund account of deceased depositor or subscriber is required to be released to nominee - However, nominee is a mere trustee to collect funds and not beneficial owner - Therefore, mere fact that amount is released to a valid nominee will not bar the objector or holder of..........
Indian Penal Code, 1860, Section 279, 337, 304A -- Rash and negligent driving - Modification of sentence - Case does not involve either egregious conduct or grave negligence or rashness - However, since the vehicle fell into gorge, it unfortunately resulted in loss of life and grievous injuries to several other persons - Petitioner was in prison for a period of 13 days -..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to prove his readiness and willingness - He not able to demonstrate that he had necessary financial wherewithal to make balance payment of Rs.5.21 crores on due date - In addition to that, he did not even visit office of Sub-Registrar on said date - Even, defendants too did not fulfil their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Determination of income of husband - Husband has not filed his complete bank account statements and has produced statements only for a limited period - Income of husband must be assessed on the basis of minimum wages - He is residing and working in UP - At the relevant time, minimum wages applicable to a..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor children - Mere fact that mother is earning does not absolve father of his statutory and moral duty to maintain his minor children - Obligation of a father to maintain his children is independent and continues so long as children are minors...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Mere fact that complaint relates to commercial transaction or breach of contract, for which civil remedy is available, is not by itself ground to quash the criminal proceedings...........
Adverse possession -- Plea of adverse possession is a fact-intensive claim that must be specifically pleaded and proved at the trial stage...........
