February 2020
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Permalink GallerySecondary Evidence—Issue regarding admissibility of secondary evidence could be adjudicated while deciding the case finally Secondary Evidence—Discretion to control evidence completely vests in the Court and a litigant cannot insist to firstly decide the admissibility of secondary evidence and then proceed further
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Permalink GalleryAccident—Claim Petition—Hyper technical approach is not to be adopted while adjudicating such type of petitions Accident—Claim Petition—Judgment of a criminal Court is not binding upon the Civil Court or Tribunal under motor vehicle act—The Tribunal has to reach its own conclusion on the basis of evidence adduced before it
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Accident—Negligence—Contributory Negligence cannot be attributed on ground of assumptions, presumptions, and conjectures by observing that some contributory negligence may also be involved Accident—Income of deceased—Testimony of partner of firm where deceased was working, not to be discarded merely because the said firm had lasted only for one year
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Permalink GalleryService Law–Gratuity–Withholding of Gratuity—A charge-sheet which has been served upon an employee after his/her retirement, cannot give a right to the employer to withhold the gratuity as the position is to be seen on the date of retirement and not subsequent Service Law—Gratuity—Withholding of Gratuity beyond jurisdiction-Petitioner held entitled to interest on the gratuity amount @9% per annum from the date it became due till its payment
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Permalink GallerySpecific Relief Act, 1963, S.38–Permanent Injunction—Plaintiff sought injunction against defendants claiming that he had purchased the plot from defendants over which he had raised construction—Only thing is to be seen whether plaintiff is in legal possession and question of title is not to be adjudicated
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Permalink Gallery[DIVISION BENCH] Divorce—Cruelty~The very fact that there was a written complaint made by the wife to the police of she having been sprinkled with kerosene oil by the husband goes a long-way to establish and leaves no manner of doubt that the wife was indeed being subjected to acute physical and material torture-Divorce granted in favour of wife
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Permalink Gallery[DIVISION BENCH] Custody of Child—Mother is natural guardian—Grandparents cannot claim custody of the minor child as a matter of legal right Custody of Child—Financial condition of mother—Even if she is drawing a salary which is a pittance as compared to what the grand parents of child can afford, it would be travesty of justice and unfair to deprive a mother the custody of her minor child just because of her limited and inferior means
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Permalink GalleryEviction—Personal Necessity—Amendment of Pleading—After cross-examination, landlord sought to amend the pleading that in place of lubrication dealer he want to open shop of selling medicines due to subsequent of grant of license for same—Amendment would not amount to recalling of any admission