Service -- Termination - Writ petition - High Court set aside order of termination on the ground of not providing due opportunity to delinquent - However, delinquent was guilty of suppression of factum of securing new employment with FCI - Respondent was disentitled to equitable relief from High Court in exercise of powers u/art 226 of Constitution - Order of termination..........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Wife filed application u/s 13(1)(ia) of the Act seeking divorce on the ground of cruelty and she neither want judicial separation nor she prayed so in any of her averments made before the Family Court - She wanted divorce throughout - Evidence available on record shows various instances of cruelty towards wife -..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D -- Default bail - Chargesheet against respondents was presented before the Trial Court on 29.04.2022 and application for grant of default bail was preferred only on 02.09.2022, i.e. after more than four months of filing of the said chargesheet - Respondent No. 4, who..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Sworn affidavit of complainant is necessary in support of complaint - Complaint without sworn affidavit of complainant - Order referring complaint to police for investigation and subsequent registration of FIR set aside...........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(3) -- Order passed u/s 3(3) of the Act - Appeal - No provision in Statue enabling party to file appeal against order passed u/s 3(3) of the Act - When no such remedy is provided by law, judgment in appeal is a non-est and can only be ignored...........
Criminal Procedure Code, 1973, Section 357A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 396 -- Victim compensation - Case concerning bodily injuries such as sexual assault etc. - Directions issued: (i) Sessions Court, which adjudicates a case concerning bodily injuries such as sexual assault etc. particularly on minor children and women shall order for victim..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
