Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of marriage - Parties filed affidavits regarding marriage - Photographs of marriage also annexed with the divorce petition - If Court finds that aspect of marriage is inconclusive then power u/s 165 Evidence Act should be exercised to put Court questions to the parties so as to verify the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition that decree of divorce by mutual consent might be misused for procuring Government employment under `Divorce Category' - Finding unsustainable in view of the report of SSP - Order dismissing petition set aside - Divorce by mutual consent granted...........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision against order rejecting prayer to mark statement of informant as an exhibit - Interest of informant and an injured victim adversely affected - Order not interlocutory in nature - Bar u/s 397(2) Cr.P.C is inapplicable - Revision is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Compensation - In order to claim compensation claimant is not required to prove ownership of driver over offending vehicle...........
Industrial Disputes Act, 1947, Section 33C(2) -- Application u/s 33-C(2) of the Act - Single Judge without any discussion and/or recording any specific findings on merits of order passed by Labour Court rejected application u/s 33-C(2) of the Act, allowed writ petition preferred by workman challenging said order of Labour Court - Single Judge ought to have considered writ..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of second appeal - When two plaintiffs joined together and secured a decree of declaration and possession of an immovable property, death of one of decree holder will not make second appeal abate, as against surviving successful plaintiff, cause of action survived - Abatement occurs only when cause of action does..........
Service -- Compassionate appointment - Financial criteria - There is a financial criteria of eligibility of compassionate appointment under Compassionate Appointment Scheme - Rules which provide for a financial criteria for appointment on compassionate ground are valid and lawful rules which have to be construed strictly - High Court patently erred in ignoring financial..........
Criminal Procedure Code, 1973, Section 441 -- Bail bond - Sureties - Wife and brother of accused - No disqualification could be found against sureties as far as solvency is concerned - Nothing on record that accused has influenced the sureties - Nothing is noted against the conduct and character of surety - Rejecting surety on the ground that accused has influenced the..........
