Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 326, 323, 506, 148, 149, 120B, Arms Act, 1959, Section 27, 30, 54 -- Bail - Offence u/ss 302, 326, 323, 506, 148, 149, 120-B IPC and Ss.27, 30, 54 Arms Act - Status report shows that petitioner was actively involved in offence as per statements of injured persons u/s 161 Cr.P.C. - Only two..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Plaintiff in occupation and possession of ground floor - Restraining co-sharers from dispossessing plaintiff from ground floor - In a suit for partition, right and status of a co-sharer should be maintained - Parties to maintain status quo with regard to possession of plaintiff in..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Quantum of maintenance - Criteria - (i) There is no straitjacket formula for fixing quantum of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Vacation of - Occupancy rights given to petitioner on the ground that he is agricultural tenant of suit property - RTC extract shows name of respondent no.3 as a cultivator - No document was produced to indicate that there was an arrangement on crop sharing basis - Even property in question lost its..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Title suit filed by plaintiffs dismissed and title of property in favour of defendants has already upheld - However, appeal filed by plaintiffs against such dismissal of suit is pending - Balance of convenience is in favour of defendants, as title and possession of suit property has already..........
Delhi Rent Control Act, 1958, Section 14(1)(e), 25(b) -- Suit for eviction - Ground of bonafide need - Landlord seeking eviction with prospects of expansion of business running from the adjoining shop to the tenanted premises - Therefore, plea of tenant that other shops are lying under lock, therefore, is liable to be rejected - Status of tenants being kirayadaar cannot be..........
Service -- Compassionate appointment - Employee had completed more than 15 years of service at the time of his demise and was thus, a permanent employee - However, mere fact that deceased attained a status of permanent employee on account of having completed 15 years of service, will not ipso facto give him status of a regular employee - Family of deceased has already..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining interference in possession - When temporary injunction is sought restraining interference in possession then Court should refrain from passing status quo order - Moreso, in the instant case Court has granted status quo order without giving any finding about possession of parties over the..........
