Service -- Appointment of compassionate grounds - The object is to give succour to the family which has been suddenly plunged into penury due to the untimely death of its sole bread-winner - The object of providing such ameliorating relief should not be taken as opening an alternative mode of recruitment to public employment...........
Hindu Law -- Doctrine of pious obligation - Father started Tobacco business and incurred heavy debts - Once the debt contracted by the father, even though in connection with a newly started business, is not proved to be immoral or Avyavaharika, the son's share in the joint family properties is also liable to discharge such debt under the doctrine of pious obligation - All..........
Motor Vehicles Act, 1988, Section 166, 173 -- Deceased 46-1/2 years of age in Govt. service drawing Rs.4580/- per month - Seven members of family including two minor children - Dependency should have been determined by dividing income in 5 units and in such case personal expenses of the deceased could not be held beyond one share - Multiplier of 10 applied by the Tribunal..........
Electricity -- Contact with snapped live wire - Death - Damages - Quantum - Claim made by wife, mother and a minor son - Compensation be awarded as in fatal accident cases under Motor Vehicles Act - Loss of earnings to family per annum calculated taking 2 units for each adult member and one unit for the child - Compensation arrived at by multiplying it with 15 as claimed..........
Hindu Marriage Act, 1955, Section 19, 25, Family Courts Act, 1984, Section 7(1) -- Divorce decree passed - Maintenance petition filed subsequently - Jurisdiction - Suit may be filed in Court other than Court which passed decree of divorce, provided it is one of the Courts mentioned in Section 19 of Hindu Marriage Act - Wife, whose marriage is dissolved by decree of divorce..........
Hindu Law -- Joint Family - Partition - Partition deed executed - Once intention to separate is expressed in a document, it results in severance of joint status - Its legal effect cannot be altered by subsequent conduct of parties - All properties of joint family not divided under the deed is of no consequence in view of intention to separate expressed therein - Father and..........
Haryana Panchayati Raj Act, 1994, Section 175(1)(i) -- cannot remain as Panch-Quashed. - holding Panch to be disqualified in view of ,S. 175(1) and - -Ultra vires-Anguri Devi's case (2) PLJ 4 DB Reiterated-Failure to pay arrears to Gram Panchayat or Panchayat Samiti by member of undivided Hindu family would make Sarpanch or Panch liable for disqualification-Struck..........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Summoning order - Petition for quashing - Held due to strong animosity/rancour between husband and wife, the wife felt induced to name all the family members as accused in the complaint under section 406 IPC - Unmarried sister-in-law and unmarried brother-in-law who are students dragged in out of illwil - It would..........
Hindu Law -- Joint Hindu Family - Presumption as to Joint Hindu Family is available - However, there is no presumption available as to Joint Family having Joint Property - Recorded owner asserting property to be his self acquired property - Person alleging that such property was purchased from joint family fund and for use of joint Hindu Family has to prove it...........
Hindu Law -- Joint Hindu Family - A joint Hindu Family consists of all persons lineally descended from a common ancestor - It is much larger than a coparcenary and includes the females i.e. wife and unmarried daughters - A daughter ceases to be a member of her father's family on marriage and becomes member of her husband's family...........
