Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife has not filed any application u/s 25 of the Act - Grant of maintenance by lower appellate Court while dismissing appeals filed by wife affirming decree of trial Court declaring marriage as null and void is vitiated by manifest error of law and set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Suicide note of 11 pages describes in sequence all facts and circumstances - Suicide note gives an impression that deceased was being harassed by accused and he felt insulted and frustrated to such an extent that he was forced to take such extreme..........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 341, 323, 324, 325, 394, 201, 34 -- Cancellation of bail - Offence u/ss 341, 323, 324, 325, 201, 34 IPC - Subsequent FIR registered against accused after grant of bail - Second crime cannot be treated as overwhelming enough to impede fair trial in first crime for cancelling bail already granted..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Non refuting satisfactorily from record the arguments raised by counsel for accused for grant of bail - Bail granted...........
Service -- Superannuation - Educational Institutions receiving grant-in-aid etc. from State Government and refusal to provide grant-in-aid for the employee or teacher after reaching the age of superannuation, in view of the provisions contained in the Grant-in-Aid Code, cannot be said to be violative of Art.30(1) of Constitution...........
Service -- Superannuation - Regulation 36 of Gujarat Secondary Education Regulations would not be applicable to minority education institution - Provisions contained in Grant-in-Aid Code pertaining to the age of superannuation would be applicable to such minority institutions availing grant from State Government. (Gujarat Secondary Education Regulations, 1974, Regulations..........
Service -- Superannuation - If an employee or teacher is continued in service by management of registered minority Secondary School receiving Grant-in-Aid from State-Government, then such school would not be entitled to receive any grant in respect of expenditure incurred for continuing such employee or teacher beyond the age of 58 or 60 years, as case may be...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 36A(4) -- Default bail - Extension of time sought 20 minutes after filing of application for default bail - Order granting extension of time was quashed - No valid reason for denying valuable right for grant of `default bail' - Default bail allowed...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Compromise after grant of decree of divorce by mutual consent - Parties realized their mistake in parting ways and have against come together - Such a step shall be beneficial for both the parties as well as their child - Decree set aside...........
