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..........
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...........
Custody of child -- Claimed by father - Mother suffering from postpartum depression - Postpartum depression most of the time is temporary and for a short duration - To allege that mother is still suffering from postpartum depression and is even unwilling to nurse the child, certainly requires to be established through cogent and reliable methods - Merely on the basis of..........
Indian Penal Code, 1860, Section 452 -- Offence u/s 452 IPC - Incident had taken place in a restaurant run by the injured which cannot be said to be either a place used for human dwelling or for worship or for the custody of property - Hence, very ingredients of offence u/s 452 IPC not made out by prosecution - Conviction and sentence u/s 452 IPC set aside...........
Indian Penal Code, 1860, Section 324 -- Offence u/s 324 IPC - Accused inflicted injuries to PW1 with a blade - Injuries were caused on his thigh, back and shoulder - Medical evidence also corroborated the version of PW-1 - Prosecution had proved the guilt of accused u/s 324 IPC - Accused rightly convicted u/s 324 IPC - However, since accused has already undergone two years..........
Civil Procedure Code, 1908, Order 21, Rule 12 -- Execution - Decree for possession and mesne profits - Determination of mesne profits - Court which passes a decree for possession of land may direct an enquiry as to mesne profits both prior to institution of suit and subsequent thereto - Executing Court cannot assume a jurisdiction which is not vested with it, as executing..........
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..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
