Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Parties are living separately for about 23 years - Wife is unemployed having no independent income and is solely dependent upon alimony - She is residing in her parental house and her female child has completed B.Tech on student loan of Rs.4,00,000 - Male child has also completed B.Tech and M.Tech and educational..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and fingerprint expert - Comparison of relevant writings/signatures on cheque - Disputed cheque though signed by petitioner No.2 but was misused by one `G' - Application dismissed by trial Court on the ground that petitioner No.2 admitted signatures on..........
Indian Penal Code, 1860, Section 376, 506II, 190, 34 -- Rape - Names of applicants are not mentioned in the FIR but in the statements of prosecutrix recorded u/ss 161 & 164 Cr.P.C., specific allegations have been leveled against applicants regarding abetment of committing rape by co-accused with prosecutrix - Prima facie it seems that applicants committed an offence u/s..........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Relinquishment of claim to further performance of remaining part of contract and all rights to compensation can be made at any stage of litigation...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Wife without any justifiable reasons left matrimonial home for over 20 years - In the absence of any corrective measures initiated by wife after having left matrimonial home, version of wife that she was compelled to leave the house due to treatment meted out by husband needs to be viewed with suspicion - Marriage between..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - During pendency of partition suit or during period between passing of preliminary decree and final decree in the partition suit it is open to a party to seek modification or enhancement of his shares till the passing of final decree - Once final decree is passed suit terminates and remaining issues are to be..........
Service -- Reinstatement - Respondent was employed on temporary basis for a fixed term of one year or till regular selection is made whichever is earlier - Nothing on record to demonstrate that appointment was made by following any known procedure for appointment to a public post - Respondent was disengaged due to shortage of work available - Tribunal was justified in only..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
