Public Temple and Private Temple -- Temple constructed on land vesting in plaintiff - No evidence when the temple constructed and who constructed - Defendants working as Pujari for last 60-70 years - Temple accessible to public at large and run by donations given by public - Proprietary rights of suit property vests in deity i.e. Moorti - Held, temple has acquired the..........
Service -- Termination - Back wages - Held, grant of back wages is a matter of discretion vested in court - Conduct of an employee is an extremely relevant factor on this aspect - Financial status of employer must also be kept in mind - In case on hand conduct of respondent and financial status of appellant does not justify payment of any back wages...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Landlord and tenant relationship - Purchaser of property - Steps into the shoes of landlord - Tenant cannot question the status of landlord when he seek his ejectment on the ground of his being the landlord of the premises in question...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - It may be physical or mental, intentional or unintentional - Mental cruelty can be more harmful than physical cruelty as sometimes even a gesture, the angry look, a sugar coated joke, an ironic overlook may be cruel than actual beating - Cruelty has to be inferred from the facts and circumstances of each case and..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim order - Violation - Raising construction despite order of status quo - Successful in raising construction upto a certain level - Should not be powered to proceed with the construction till the disposal of application U.O.39.R.2-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both the parties claiming to be entitled to the property - Issue as to who is entitled and shares to which are entitled - To be decided after trial of case - In the mean time property needs to be protected - Order restraining defendant from transferring or from alienating the property in dispute..........
Land and Property - - Partition suit - Status of parties - Held, in a partition suit, everyone in the suit whether he is a plaintiff or a defendant is in the position of plaintiff - Anyone of them can maintain the suit - If plaintiff withdraws himself, defendant may be transposed as plaintiff and plaintiff may be transposed as defendant at any stage...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Temporary injunction - Dismissal of suit for permanent injunction - Appeal against - Grant of temporary injunction without endorsement regarding service to defendant - Order of status quo passed - Impugned order does not indicate that there was an urgency in the matter - O.39.R.3 CPC not complied with - Notice not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonor of cheque - Accused did not take any defence at time of accepting notice - Cheque was issued of a closed account - Accused did not lead any defence evidence - Defence taken in statement u/s 281 or S.313 Cr.P.C. cannot be given a status of evidence - Any statement u/ss 281..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Maintenance - Court has to consider the status of the parties, their respective needs, the capacity of the husband to pay having regard to his reasonable expenses for his own maintenance and of those he is obliged under the law and statutory but involuntary payments or deductions - The amount of maintenance fixed for..........
