Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Rules of Legal Education, 2008, Rule 2(xxiii), 4, 5(b) -- Integrated Degree Program - Basic qualification - From Rules, 2008, it is evident that basic qualification for Integrated Degree Program is Secondary School Certificate and candidates are required to undergo regular study by attending classes for obtaining said basic qualification - If such candidates have obtained..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 4 years old girl - Accused is below 15 years and offence is committed prima facie with determination, exhibition of maturity and understanding of its consequences - Mother of..........
Criminal Procedure Code, 1973, Section 482, 451 -- Release of seized vehicle - Vehicle involved in offence u/s 379 IPC and S.21 of Mines and Minerals Act - Tractor was meant for transfer of material from legal mines - Petitioner has only captioned muddamal tractor for livelihood and source of income - Petitioner is ready to compound offence by depositing fine amount -..........
Service -- Misconduct - Disciplinary proceedings - Effect of criminal enquiry on disciplinary proceedings - Criminal complaint is also registered against appellant with CBI - CBI though after investigation did not find adequate material to launch criminal prosecution against appellant but recommended major disciplinary action against appellant - Criminal proceedings are..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Term "wife" appearing in S.125 Cr.P.C includes even a woman who lived with a man for a long time as his wife, even if her legal status as wife is not proved...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Oral and documentary evidence adduced by landlord successfully proved that a legal notice u/s 106 of the Act was sent to defendant by registered post demanding arrears of rent and termination of tenancy which was refused by tenant - Even, record of trial Court reveals that tenant not only..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Inference of fact from recitals or contents of a document is a question of fact, but legal effect of terms of document is a question of law - Construction of a document involving application of any principle of law, is also a question of law - When there is misconstruction of a..........
Civil Procedure Code, 1908, Section 96, 97, 98, 99, 100 -- Appeal - Person aggrieved - Failure to place any material or demonstrate as to how judgment and decree passed by Trial Court adversely or prejudicially affects appellants - Mere saying that appellants are prejudicially affected by the decree is not sufficient - It has to be demonstrated that decree affects legal..........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
