Agreement to sell -- Specific performance - Contract was breached due to conduct of purchaser who was not willing to perform contract after entering into a time sensitive agreement - Claim of purchaser is thus, hit by delay and latches on their part as they did not take appropriate measures within stipulated time and filing of suit was delayed by almost five years -..........
Service -- Revised pension - Financial constraint/financial crunch due to additional financial burden can be a valid ground to fix a cut off date for the purpose of granting the actual benefit of revision of pension/pay...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Divorce petition by husband - Petition for restitution of conjugal rights filed by wife - Husband has not shown any strong legal ground on which he can claim divorce from his wife - Wife hardly lived for six months with husband and thereafter husband deserted her without any valid reason - She filed petition for restitution..........
Interim maintenance -- Husband has not come with clean hands before Court to disclose the annual income - He has enough resources to take housing loan of Rs.20 lacs and has a business in the nature of agricultural operations besides other source of income which he has deliberately concealed from Court - Wife is entitled to Rs.25,000 p.m towards interim maintenance from..........
Criminal Procedure Code, 1973, Section 437(6) -- Bail - In terms of S.437(6) Cr.P.C, bail ought to be granted, where trial is not concluded within a period of 60 days after first date fixed for prosecution evidence...........
Amendment of law -- Effect of amendment - Whether prospective or retrospective - When an enactment or an amendment is declaratory, curative or clarificatory, impelled by felt need to make clear what was always intended, such amendment is usually meant to operate from an antecedent date or to cover to antecedent events...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased getting salary of Rs.12,450/- as per his wife and he was over 50 years of age - However, in absence of proof of salary, Tribunal assessed monthly income of deceased as Rs.10,000/- - Keeping in view of income, age and future prospects, total compensation comes out to be Rs.11,63,000 along with 7%..........
Karnataka Land Reforms Act, 1962, Section 44 -- Occupancy rights - Respondent was in possession and was cultivating subject land immediately prior to vesting date u/s 44 of the Act - Occupancy rights therefore, rightly conferred to respondent...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition cannot be dismissed for the mere reason that exact date of marriage is not mentioned in divorce application...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of marriage - Parties filed affidavits regarding marriage - Photographs of marriage also annexed with the divorce petition - If Court finds that aspect of marriage is inconclusive then power u/s 165 Evidence Act should be exercised to put Court questions to the parties so as to verify the..........
