Service -- Promotion - No officer has a vested right to a promotional post, which is restricted to that of consideration according to law...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Jurisdiction of National Commission - NCDRC can interfere with order of State Commission if it finds that State Commission has exercised jurisdiction not vested in it by law or has failed to exercise its jurisdiction so vested or acted in exercise of its jurisdiction illegally or with material irregularity...........
Civil Procedure Code, 1908, Order 21, Rule 64, 90 -- Auction sale - Setting aside - Sale of both items of property without considering whether sale of one of items would have been sufficient to satisfy decree, is bad in law and liable to be set aside...........
Hindu Law -- Joint Family Property - Proof - Sharing of expenses - Does not lead to a conclusion that property is joint family property...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Death of sole surviving appellant during pendency of first appeal - Without impleading L.R's appeal disposed off - On death of sole surviving appellant and legal representatives not prosecuting appeal, consequences were bound to follow namely, that appeal stood abated - Impugned decree set aside and..........
Hindu Law -- Joint Family Property - Properties purchased by Karta in his name is deemed to be out of joint family nucleus, if joint family possessed of adequate properties that were capable to generate enough income...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s), 3(2)(va) -- Quashing of proceedings - Offence u/ss 323, 504, 506 IPC and Ss.3(1)(s), 3(2)(va) of SC/ST Act - Dispute between parties resolved amicably - No purpose is going to be served in..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - May be granted even against true owner of property, only when person seeking relief is in lawful possession and enjoyment of property and also legally entitled to be in possession, not to disposes him, except in due process of law...........
Indian Penal Code, 1860, Section 304B, 109 -- Dowry death - Paramour of mother-in-law of deceased - Not in blood relation and family member of deceased - Cannot be tried for offence u/s 304-B r/w S.109 IPC - Trial Court given liberty to explore whether any incriminating material is existing for offence u/s 306 r/w S.109 IPC or other related offence or not and thereafter..........
Criminal Procedure Code, 1973, Section 436A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Juvenile is never under confinement by way of arrest - Confinement of juvenile in remand home cannot be construed just like confinement of under trial in jails/prisons - Provisions of S.436-A Cr.P.C is not applicable to the case - No..........
