Judicial service -- Misconduct - Withholding of 70% of pensionary benefits - Appellant had not made any allegation with regard to violation of principles of natural justice or contravention of any statutory rules or regulations having occasioned during course of enquiry proceedings or in the decision making process - Therefore, in absence of any such allegations,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by wife - Wife left matrimonial home on account of cruelty inflicted upon her by husband by making three complaints - Non-filing of petition for restitution of conjugal rights by wife cannot be made a ground to give finding that husband had not deserted wife - Husband had also not made attempts..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Arbitral award - High Court ought not to have entertained the writ petition u/arts 226, 227 of Constitution against award made by Arbitrator made under Arbitration Act and against an order passed by trial Court making the award a decree and without availing alternative statutory remedy available by way of..........
Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband had put entire burden on wife to manage house, her job and to look after children - He did not take any responsibility and continuously abused wife and insulted her family members - Parties have been married for nearly 24 years, but they have not spent major part together as..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC can be invoked when objections raised against rendering a judgment are such, which goes to the root of matter or whether the objections are inconsequential, making it impossible for party to succeed, even if entertained...........
Indian Penal Code, 1860, Section 396 -- Offence u/s 396 - Conviction - Held, the crucial aspect is that even after the recovery of the ornaments, no Test Identification Parade was arranged by the Investigating Machinery - Further,if at all the accused were desirous of making confessions, the Investigating Machinery could have facilitated the recording of confessions by..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Generally, compensation shall not be determined on square foot basis - However, Court may determine compensation on square foot basis after making a reasonable deduction towards development charges in case there are no other sale instances available...........
Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, Section 17(2) -- Adjudication of claim for wages - Notice before making reference - Plea of petitioner is that reference has been made without giving any notice to petitioner/employer and that unless intention of petitioner was known it could not be said that..........
