Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
Service -- Regularisation - Labour Court directed that employee should be classified as permanent employee - However, respondents in their appeal stated that employee cannot be regularized in the absence of a sanctioned post - Even if no post was available, employee was required to be placed in a supernumerary post till such time a sanctioned post became available where he..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Live-in-relationship - All live-in-relationships are not relationships in the nature of marriage - Live-in-relationship has no inherent or essential characteristic of a marriage - Petitioner's status is lower than the status of a wife and that relationship would not fall within..........
Armed service -- Benefit of permanent commission - On parity basis - Appellant was wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission - There is no reason as to why appellant should not be treated alike - Appellant a woman officer has continuously worked since 2007 and even as late as on 2017 she was..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - When parties approach a Court seeking formal recognition of their divorce through Mubarrat, Court's primary role is to verify the mutuality and voluntariness of agreement - Upon satisfaction, Court is obligated to endorse the dissolution and declare the marital..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Merely because defendants seek for appointment of advocate commissioner, same per se does not mean that report would be in favour of defendants - Advocate commissioner is appointed for gathering the truth - If the structures as pleaded by defendants are in existence and Advocate..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to wife - Hindu wife while sustaining her marriage and preserving her marital status is entitled to claim maintenance from her husband...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Both husband and wife are in Government job and working as primary School Teacher and both are on the same status - No child has been blessed from nuptial bliss - Therefore, wife has no right to receive any permanent alimony as contemplated u/s 25 of the Act...........
