Armed service -- Disciplinary proceedings - Penalty - Appellant was issued an out-pass to enable him to visit hospital but, instead of visiting hospital, appellant was found at the residential colony at a distance about 12 kms from his Camp - He had been detained by civilians on account of indulging in some unwarranted activity - Though there was no evidence of trespass..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a Director of a Company and is also a Doctor who has been receiving regular dividends - Fact that wife has received substantial monies for last three financial years is also not in dispute - Husband has stated that he is willing to meet educational expenses of his son and is also willing to pay the..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a doctor earning approximately Rs.1,40,000 p.m. from his employment - Wife on the other hand holds an M.Tech (Computer Science) and an LLB degree - She claims to be presently unemployed - Determination of alimony requires consideration of multiple factors - Husband has capacity to pay a higher amount..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Parties have been living separately since 2010 for nearly 15 years - There is no possibility of reconciliation between parties - Neither party has shown any inclination to resolve their differences - Moreover, husband remarried in 2017 - There is thus, no purpose in continuing legal relationship between parties -..........
Transfer of Property Act, 1882, Section 116 -- Lease - Tenant at sufferance - Tenant admitted that he did not pay rent to plaintiff till the filing of suit - However, plaintiff refused to receive rent as defendant committed default in payment of enhanced rent @ Rs.4,000 pm - Defendant cannot claim the status of tenant holding over - He can be termed as a tenant at..........
Indian Penal Code, 1860, Section 302, 304(Part II), 149 -- Nature of offence - Death of deceased took place after about eight days of incident and cause of death is septicaemia due to ante mortem injuries - Act of appellants falls u/ss 304 Part-II, 149 IPC - Since, incident took place more than 43 years ago and now appellants are above 78 years of age, period of sentence..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Liability to pay falls squarely on registered owner, even if there has been successive transfers which has to be indemnified by insurer...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of owner of offending vehicle - Contention that ownership of vehicle is transferred to appellant driver and thus, owner has no liability to pay compensation - However, recitals of agreement to sell in question indicate that there has been no transfer of ownership of vehicle and appellant merely..........
