Rent and Eviction -- Bona fide need - Trial Court had passed a decree for eviction on the basis of evidence on record which was reversed by Appellate Court - It was therefore necessary for High Court to have taken into consideration the entire material available on record including affidavit of defendant which denied bona fide need of plaintiffs - Thus, by failing to do..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsoundness of mind - Medical examination of spouse - Matrimonial Court possesses sufficient power to direct medical examination in case decree for divorce u/s 13(1)(iii) of the Act is sought - However, such an order can be passed upon Court satisfying itself as to existence of ground on basis of evidence tendered..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Civil dispute and criminal process - Mere existence of a civil remedy does not by itself bar criminal proceedings where allegations prima facie disclose commission of a cognizable offence - Quashing order directing investigation on the ground that dispute appeared to be civil in nature..........
Criminal Procedure Code, 1973, Section 482, 156(3), Constitution of India, 1950, Article 226 -- Quashing at threshold - High Court while exercising its inherent jurisdiction must remain circumspect in interfering with an order u/s 156(3) Cr.P.C. and ought to intervene only where it is evident that order lacks any legal foundation, suffers from perversity or that the same..........
Service -- Promotion - Relaxation in educational qualification - Appellant has experience of 28 years of working in society - Case of appellant was recommended for promotion to post of Society Manager by Board of Directors and was approved and furthered by General Body - Registrar could not have disapproved the resolution, once it was validly passed by Board of Directors..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Trial Court has passed the impugned order of allowing application after a proper analysis of relevant facts and circumstances of case on the basis of sound reasons - Filing and allowing of application u/s 311 Cr.P.C. cannot be said to be an abuse of process of law and there is no error or illegality in..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Scope of inquiry at the stage of S.11 of the Act is extremely limited and only pertains to an examination about prima facie existence of an arbitration agreement - Judicial non-interference in arbitration process is sacrosanct principle which guides alternative dispute resolution and Courts..........
Arbitration and Conciliation Act, 1996, Section 11, 7 -- Appointment of arbitrator - Arbitration agreement - Arbitration clause contained in Tender documents could not be said to have been incorporated in LOI to evince existence of an arbitration agreement between parties on its conjoint reading with Tender documents - There is no mention of any arbitration or dispute..........
Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Criminal Procedure Code, 1973, Section 125, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
