Civil Procedure Code, 1908, Section 24 -- Transfer of application for custody of child - Convenience of child has to be given preference and weightage while transferring application for custody of child...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of application for custody of child and husband sought transfer of divorce petition - Child is a permanent resident of Palakkad - Since both husband and wife filed application under Guardians and Wards Act for custody of child, necessarily child will have to be produced before..........
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..........
Criminal Procedure Code, 1973, Section 91, 311 -- Second application u/ss 91, 311 Cr.P.C - Earlier application on the same ground filed by petitioner had been dismissed by trial Court - Subsequent application for same purpose was thus, not maintainable - Second application rightly rejected...........
Industrial Disputes Act, 1947, Section 33C(2) -- Application u/s 33-C(2) of the Act - Single Judge without any discussion and/or recording any specific findings on merits of order passed by Labour Court rejected application u/s 33-C(2) of the Act, allowed writ petition preferred by workman challenging said order of Labour Court - Single Judge ought to have considered writ..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Application to send disputed cheque for FSL - There is an overwriting in two documents, which are copies of notice sent by complainant, but record does not give any indication of record having been manipulated in Court, and at best, can be a correction made by complainant at time when notice was sent to..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay of 645 days in filing appeal - Negligence/inaction on the part of petitioners in preferring appeal is on record - Petitioners failed to show any sufficient cause for condoning delay of 645 days in filing appeal - Application for condonation of delay rightly dismissed...........
Service -- Compassionate appointment - Financial criteria - There is a financial criteria of eligibility of compassionate appointment under Compassionate Appointment Scheme - Rules which provide for a financial criteria for appointment on compassionate ground are valid and lawful rules which have to be construed strictly - High Court patently erred in ignoring financial..........
