Service -- Promotion - Engineering department - Distance education - Respondent no.3 obtained degree of engineering from distance education while he was in service - It is difficult to accept that engineering degree through distance mode of education would be at par with a course undertaken through physical mode - A person who has not physically attended classes/course..........
Indian Penal Code, 1860, Section 353 -- Offence u/s 353 IPC - Quantum of sentence - Courts are required to decide quantum of punishment on basis of materials laid during trial which would mean that Courts should assess mitigating as well as aggregating circumstances in the case and upon weighting both types of circumstance should decide the mode and quantum of punishment..........
Special Marriage Act, 1954, Section 4 -- Marriage through online mode - Division Bench of High Court in an interim order prescribed detailed guidelines for performing marriage under the Act through online mode - Writ petition can be disposed of in tune with such guidelines - In the instant case bride pursuing her Master's decree in U.K. and she not in a position to make..........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - Presumption of marriage is to be established by way of conduct, mode of life and predilections of other persons...........
Hindu Adoptions and Maintenance Act, 1956, Section 20(3), 3(b) -- Maintenance to major unmarried daughter - Right is created to unmarried daughter to claim expenses incident to marriage and Courts also cannot be in denial mode when such right is claimed by unmarried daughter - Right of unmarried daughter for anticipated expenses of marriage is required to be ascertained to..........
Protection to life and liberty -- Live-in-relationship - Two major girls fell in love with each other and are in live-in-relationship - Petitioners have expressed an apprehension that respondents may falsely implicate them in some criminal case - However, such apprehension is misplaced, as admittedly no complaint has been made so far against them by respondents - Even if..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - Effecting service through an adult member of family is an accepted mode of service provided party resides at that address and there is no likelihood of his being found within a reasonable time...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend is granted : (i) in the case of substantial defence, defendant is entitled to unconditional leave; (ii) even in case of a triable issue on a fair and reasonable defence, defendant is ordinarily entitled to unconditional leave to defend; (iii) in case of doubts about intent of defendant or..........
Special Marriage Act, 1954, Section 4 -- Solemnization of marriage under virtual mode - Bride is working in UK and due to wide spread of COVID-19 pandemic, she is not in a position to travel to India for solemnization of marriage - Marriage Officers held, directed to solemnize marriage or register marriage as the case may be through online mode subject to conditions...........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Evidence of witnesses of fact - Injury on injured found to be caused by some sharp object - Doctor proved the injury report - Accused and injured are residents of same locality and they are very well known to one another - There is no motive before injured to implicate accused falsely - While accused have..........
