Service -- Interim relief as ex-gratia payment - One time ex-gratia payment made by way of interim relief does not satisfy requirement of S.2(y) of Industrial Dispute Act - However, if such amount is paid regularly in compliance of terms of employment, it will be regarded as wages or its component within the meaning of S.2(y) of Industrial dispute Act. (Industrial Disputes..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Disobedience - Once interim injunction order is vacated, there can be no initiation or continuation of proceedings U.O.39.R.2-A CPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354 -- Rape - Anticipatory bail - Allegation by prosecutrix-teacher that petitioner-school owner ravished her on various occasions - Innumerable criminal and civil litigation pending between management of school and its staff members - FIR registered on the very day when services of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Interim maintenance fixed on the basis of statement of husband - He cannot be permitted to resile from the same later on...........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Interim custody of child - Application u/s 21 of the Act seeking interim custody is maintainable before Magistrate exercising jurisdiction in relation to area where family Court is established and Magistrate has jurisdiction to decide such an application in accordance with law...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Detailed and elaborate exercise not required at the stage of granting interim maintenance - Prime consideration for Court is to take all relevant factors into account and think at a proper amount which can be said to be sufficient to meet expenses of spouse during pendency of proceedings...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance - Wife has no independent income and is wholly dependent upon her parents and family members - Husband is doing a flourishing business and is earning Rs.2 lakh p.m as per wife - No documentary evidence produced by husband against evidence of wife nor controverted legality of document regarding business of husband..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29 -- Recovery of 12.5 kg Tramadol powder - Petitioners implicated only on the basis of disclosure statement made by co-accused, which is hit by S.25 of Evidence Act - Moreover, said disclosure statement made by co-accused did not lead any discovery of fact - Even while allowing remand of petitioners no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - It is always desirable for Court to conduct enquiry at first in interim injunction petition followed by police aid petition - This procedure can be followed only when by date of hearing police aid petition, defendant has come up with counter in interim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Grant of police aid - Implementation of ad-interim injunction order - Defendants already filed their written statement as well as counter in application U.O.39.Rr.1, 2 CPC and they are always ready for enquiry - Besides in the written statement a copy of which is filed along with material papers, emphatic contention of..........
