Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife being permanent govt. employee living at a place other than the place where husband is living - It does not amount to neglect of her matrimonial obligations - Withdrawal of wife from the society of husband cannot be said to be intentional - Husband cannot be said to be a wronged party - Decree of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Three conditions are to be fulfilled for interference u/s 482 Cr.P.C: (i) injustice which comes to light should be of a grave and not of a trivial character; (ii) it should be palpable and clear and not doubtful and; (iii) there should exist no other provision of law by which party aggrieved..........
Central Civil Service (CCA) Rules, 1965 - - Pro-rata pension - Voluntary retirement - Employee who has completed minimum period of 15 years of service is entitled for pension as per Regul.28 - Respondent who completed 11 years of service in Bank, is not covered by Regul.28, thus, not entitled to pro-rata pension...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Only pleadings and averments of plaintiff can be looked into...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Claim in suit is under two contracts (work orders) of recovery of money - Plaintiff may not in suit be able to take any claim in respect of first work order in view of forum selection clause, as jurisdiction clearly vested in Mumbai Courts - But can certainly proceed to establish its..........
Arbitration and Conciliation Act, 1996, Section 8 -- For referring the parties to arbitration, conditions to be fulfilled are : (i) there is an arbitration agreement; (ii) a party to the agreement brings an action in the court against the other party; (iii) subject-matter of the action is the same as the subject-matter of the arbitration agreement; (iv) the opposite party..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Parties can be referred to arbitration in an application u/s 8 of the Act only if subject matter of suit is also same as subject matter of arbitration...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Where parties have settled their differences and compromise the matter as per which parties have entered into a new arrangement, arbitration clause in prior agreement cannot be invoked in the dispute subsequently arising between parties - High Court erred in holding that existence of..........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference of dispute to arbitrator - Compromise decree - Plea of fraud - Where plea that compromise decree is vitiated by fraud has been raised, merits of such plea could only be decided by civil Court upon consideration of evidence adduced by parties, parties cannot be referred to arbitration...........
Family Courts Act, 1984, Section 7(1) - - Matrimonial relationship - Dispute as to whether defendant is son of `B' or `V' would not fall within realm of jurisdiction of Family Courts, which are Courts of limited jurisdiction - Relief sought would fall u/s 34 of Specific Relief Act, well within domain of ordinary Civil Courts...........
