Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Service -- Compulsory retirement of Bank employee - Gratuity - As per regulation of Bank, denial of gratuity to an employee, who is inflicted with major penalty of compulsory retirement, is not included - As per Gratuity Act, gratuity can be withheld in case of damages or loss so caused or destruction of property belonging to employer or otherwise where termination of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized articles/ornaments/currency notes - Articles/ornaments/currency notes have been seized only on the count that when personal search of petitioner was made before his arrest, he was wearing the same - Same has no direct or indirect nexus with alleged crime - No objection from taxation department or income..........
Arms Act, 1959, Section 14 -- Arms license - Refusal to grant - Petitioner applied for arms license for his own protection and property - There is no right to have an arms license which is a privilege - It is a question of fact which is to be ascertained by authorities concerned whether a person is entitled to said privilege or not - No interference with such factual..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - Protection afforded u/s 60(1)(ccc) CPC shall not extend to any property specifically charged with debt sought to be recovered...........
Agreement to sell -- Specific performance - Plea of violation of Fragmentation Act - Suit filed after repeal of Fragmentation Act - Suit can be decreed without there being any violation to law once Fragmentation Act itself had been repealed - Moreover, defendants received the full consideration and had also transferred the possession of property in question, as such other..........
Suit for possession -- Suit for possession and mesne profits - Suit filed on the basis of agreement to sell, Power of Attorney, an Affidavit and a Will - No title can be transferred with respect to immovable property on the basis of an unregistered agreement to sell or on the basis of an unregistered General Power of Attorney - Even if agreement to sell and power of..........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Wakf Act, 1995, Section 83 -- Wakf property - Wakf Tribunal has got sufficient jurisdiction to try every suit pertaining to either a wakf or a wakf property, notwithstanding the nature of relief concerned, except as mandated under the statue...........
