Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Civil Procedure Code, 1908, Section 100, Delhi Rent Control Act, 1958, Section 50 -- Second appeal - Eviction petition - Jurisdiction of civil Court - Jurisdiction of civil Court to entertain any suit or proceeding is not barred u/s 50 of the Act if deceased was a statutory tenant and right of legal heir/s has expired - Thus, no question of law arises for consideration in..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Once a property is dedicated for public charity and merely for reason that same is being used by one of trustees or his legal heirs for personal use, it will not become their own property and will remain a public property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
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..........
