Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Court cannot reduce compensation at its mere whim or fancy in the absence of any legal or factual basis for awarding a lesser amount of compensation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earlier marriage of wife continued to subsist at the time of her marriage with opposite party/husband - Mere fact that wife resided with opposite party for nearly ten years and relationship may appear akin to marriage, yet such cohabitation does not confer legal status of a wife u/s 125 Cr.P.C. - Wife does..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Major Hindu daughter is entitled to maintenance from her father u/s 20 HAMA as long as major daughter is unmarried and is unable to maintain herself out of her own earnings and property - Mere fact that no application is filed under..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Expression `unable to maintain' in S.125 Cr.P.C. must be interpreted to mean actual inability to sustain rather than mere potential earning capacity - Expression does not mean mere capacity or capability to earn...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Mere temper, rudeness of language or a want of civil attention, if they do not threaten bodily harm, do not amount to legal cruelty - But they are high moral offences in the field of marriage...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Mere filing of defective affidavit filed in support of application u/s 7 IBC would not render the very application non est and liable to be rejected on that ground as it is neither an incurable nor a fundamental defect...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Dispossession - Issuance of warrants of possession - Mere fact that no specific date or time of dispossession of DH from suit property was pleaded or established, it cannot be said that no warrants of possession in her favour can be issued...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Power u/art 227 of Constitution is intended to be used sparingly and only in appropriate cases for the purpose of keeping subordinate Courts and tribunals within the bounds of their authority and not for correcting mere errors...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Mere fact that parties are living separately, marriage should not be taken to have broken irretrievably - It is imperative for Family Court or High Court to determine as to who out of two is responsible for breaking the marital tie and forcing other to live separately...........
Service -- Dismissal - Respondent being a Gramin Dak Sevak/Branch Post Master misappropriated public funds - Passbooks of account holders were stamped with receipt of amount with no corresponding entries in books of accounts maintained in post office - Documents on record clearly established factum of embezzlement - Mere deposit of embezzled amount will not absolve an..........
