Protection of Women From Domestic Violence Act, 2005, Section 27 -- Territorial jurisdiction - Temporary residence - Even if for temporary period of time, aggrieved person is residing at place, she can seek reliefs under the Act by filing appropriate application before competent Court within local limits whose jurisdiction such place situates...........
Protection of Women From Domestic Violence Act, 2005, Section 27 -- Temporary residence - Includes place where aggrieved person was compelled to reside in view of commission of domestic violence - Aggrieved person may not have decided to reside there permanently or for considerable length of time but for the time being but does not include place where aggrieved person has..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 3(1)(d) -- Parole - Competent authority - To grant parole competent authority is District Magistrate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted to restrain construction work carried by Public Works Department, as it is of public importance and same cannot be stopped by temporary injunction - However, if petitioner construction company succeeds in the suit it can be compensated by awarding suitable compensation - Application..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Temporary departure of wife to attend her father's barsi with the consent of husband - Husband compelled her to stay away and not permitted to return to matrimonial home, does not amount animus deserendi on the part of wife to abandon permanently her matrimonial home...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Temporary injunction - Status quo order - Sustainability - Suit for specific performance and permanent injunction - Entire case of plaintiff based on premise that defendant No.3 was acting on behalf of defendant Nos.1 and 2, when he signed the agreement to sell - However, there is not even a shadow of evidence produced..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Court to examine prima facie case at interlocutory stage - Prima facie, property involved in documents and plaint scheduled cannot be correlated - Court below rightly held that this ambiguity can be decided only after full fledged trial and not at interlocutory stage - No illegality and perversity in..........
Service -- Temporary and badli workers of LIC - Regularization - Back wages - Financial hardship - Temporary and badli workers of LIC, who are entitled for regularization as permanent workmen are also entitled to full back wages as well - However, keeping in view the immense financial burden caused to LIC, it is fit to modify the relief only with regard to back wages..........
Indian Contract Act, 1872, Section 56 -- Doctrine of frustration - Shelter of subsequent impossibility - Ground for frustrating contract can be destruction of subject matter that is where actual and specific subject matter of contact has ceased to exit - It can also be due to change of circumstances that is where circumstances arising which makes performance of contract in..........
