Civil Procedure Code, 1908, Order 26, Rule 10 -- Demarcation report - Objections raised by plaintiff - Opportunity to lead evidence in support of objections not granted - Plaintiff's prayer to summon Local Commissioner for cross examination with respect to his demarcation report not acceded - Order confirming demarcation report without summoning Local Commissioner to face..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of Code - Filed by Power of attorney holder - Maintainability - General authorization given to an officer of financial creditor by means of power of attorney, would not disentitle such officer to act as authorized representative of financial creditor while filing an application u/s 7 of Code, merely..........
Service -- Reinstatement - Order of compulsory retirement passed against respondent - High Court vide impugned order set aside the order of compulsory retirement and directed reinstatement of respondent with back wages - Considering serious nature of misconduct proved against respondent and long gap of 17 years, order granting reinstatement with back wages set aside -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Filing of complaint for initiation of criminal proceedings by wife, which were found to be baseless and false, do cause harassment and torture to husband and his family - One such complaint is sufficient to constitute matrimonial cruelty - Divorce rightly granted to husband...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife after leaving matrimonial home in less than 3 months of marriage, indulged in filing of complaints against husband and his family members - She also made false defamatory complaints against husband and his family members - Wife solely examined her aunt but parents and brother of..........
Service -- Misconduct - Dismissal from service - Petitioner was dismissed from service on account of his conviction in criminal trial, as he fired from his service revolver on his higher officers - However, since he was granted benefit of doubt in appeal by High Court and was subsequently acquitted, petitioner was reinstated in service - Enquiry was initiated after..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When none of reliefs sought in the plaint can be granted to plaintiff under the law, suit should be thrown out at the threshold...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition to cancel registered sale deed executed by accused and return the money received from complainant - Said condition set aside as it adversely affects the rights of parties to the registered documents which can be adjudicated upon by a Civil Court only and registered sale deed cannot be..........
