Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Implementation - Police assistance - Providing police assistance as Court prima facie coming to conclusion that ad interim injunction order is violated - If defendant is not violating ad interim injunction order then providing police assistance is nothing but an innocuous order and on..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Denied due to absence of State counsel - Lady accused - Petitioner was CEO of company and surrendered before Add. CJM - Trial Court instead of deciding bail application on same day, posted matter on next day on the ground that Special Public prosecutor appointed by CBI not available - In bail matters, special provisions..........
Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Cancellation of contract after extending period - Loss due to cancellation of contract - Liability - Damages - Agreement entered into between parties was determinable in nature and so no being enforceable contract at law - Compensation in terms of Specific Relief Act is an adequate remedy - So..........
Service -- Air Force Order (AFO) 14/2008 - Post of Airman - Release and discharge from service - Appellant being enrolled as Airman in Air Force applied for post of a Probationary Officer with Bank of India - Interim order for provisional discharge and for an NOC is in favour of appellant, following which he was struck off from the post and joined services of Bank of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Mere fact that wife is earning does not absolve husband of his responsibility to maintain his three minor daughters...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Rationale for grant of maintenance u/s 125 Cr.P.C. applies on all fours to the grant of maintenance under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - At the stage of assessment of interim maintenance, Court has to only form a prima facie opinion...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband engaged in several businesses having turnover of Rs.50 Lakh to Rs.One Crore per annum - Regular medical expenditure being incurred by wife on her daughter who is living with her is approximately Rs.5,000 pm besides her educational expenses and other day-to-day expenditure -..........
Special Marriage Act, 1954, Section 36 -- Interim maintenance - Income of wife is not less than Rs.74,000 p.m - Said income is sufficient for her support particularly, when she herself has assessed her requirement @ Rs.50,000 in application for alimony pendente lite - Application for interim maintenance rightly rejected...........
