Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Divorce granted by trial Court on the ground of irretrievable breakdown of marriage which is not enumerated u/s 13 of the Act - Since the said ground is not a valid ground available to the parties, relief granted by Trial Court based on the said ground is not sustainable in law - Trial Court ought to have recorded..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non-appearance of complainant on the date fixed without affording even a single opportunity is wholly unjustified - Default being singular ought to have been ignored by Court and to do substantial justice, it ought to have..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 409, 467, 468, 471, 120B -- Bail - Cheating - Financial irregularities committed by Society - Respondent was a close associate of Society with regular business - Investigation also indicates that out of the monies withdrawn from the Society's account by respondent investments were later made..........
Service -- Notice of termination - Reserved category - De-schedule of caste/tribe after appointment - Caste of appellants was de-scheduled after appointment - However, State Government vide its Circular 2003 clearly stated that employees holding Scheduled castes certificate issued prior to de-scheduling would be entitled to claim protection of their services albeit as..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order passed by trial Court u/s 143-A of the Act was non-speaking, without considering relevant facts and giving reasons - Trial Court failed to consider the relevant factors laid down by Supreme Court - Order directing accused to pay interim compensation set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Service -- Benefits on the basis of parity - Merely because different set of employees who may be working in aid but governed by different set of rules and having different duties to discharge also obtain higher qualification, will not entitle them to the benefits which were extended to different set of employees by competent authority...........
