Punjab Panchayati Raj Act, 1994, Section 20 -- Suspension of sarpanch - Suspension can only be on account of misconduct during current term - Even, if bar u/s 216(4) of the Act is not attracted, order of suspension is bad in law as it is based upon an alleged misconduct committed in year 2011 and not during current term - Suspension order quashed...........
Arbitration and Conciliation Act, 1996, Section 34 -- Execution petition - Contempt of court - The jurisdiction of a Court under the Act, would not cease, is executable under law, even without having recourse to contempt proceedings - There is an award passed by the Arbitrator to punish the respondents under the Contempt of Courts Act, 1971 for wilful disobedience of the..........
Succession Act, 1925, Section 263 -- Illustration (ii), 276 - Letters of Administration - Revocation - Non impleadment of all the legal heirs - Grant of Letters of Administration may be revoked for `just cause' - High Court held that a just cause existed for revoking the grant - No interference warranted...........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Personal search - No contraband recovered on personal search - Option or choice not given to accused before personal search - Trial Court rightly acquitted accused...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Husband and wife living separately since 2011 - Efforts were made to resolve the matrimonial dispute through process of mediation, but mediation failed between parties - Marriage between parties had broken down irretrievably and there is no chance of their coming together or living together again..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
