Quiz

When Divorce Petition Is Pending, Is Wife Entitled To Enjoy Same Amenities Of Live As She Would Have Been Entitled To In Her Matrimonial Home?

During the pendency of the divorce petition, the wife is also entitled to enjoy the same amenities of life as she would have been entitled to in her matrimonial home. [Refer: Dr. Rajiv Verghese vs Rose Chakkrammankkil Francis 2024 INSC 876]

Is Disciplinary Proceeding initiated with issuance of show cause notice?

A departmental proceeding is not initiated merely on issuance of a show cause notice. It is initiated only when a chargesheet is issued because that is the date of application of mind on the allegations levelled against an employee by the competent authority [Refer: State Bank Of India vs Navin Kumar Sinha 2024 INSC 874 ]

Can disciplinary proceeding be initiated after retirement of employee?

A subsisting disciplinary proceeding i.e. one initiated before superannuation of the delinquent officer may be continued post superannuation by creating a legal fiction of continuance of service of the delinquent officer for the purpose of conclusion of the disciplinary proceeding- But no disciplinary proceeding can be initiated after the delinquent employee or officer retires from service on attaining the age of superannuation or after the extended period of service [Refer: State Bank Of India vs Navin Kumar Sinha 2024 INSC 874 ]

Are Revenue Entries admissible as evidence of possession or ownership claims?

While it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when corroborated by other evidence [See State Of Haryana vs Amin Lal (D) 2024 INSC 875 ]

Can State claim Adverse Possession over the properties of citizens?

 State cannot claim adverse possession over the property of its own citizens - Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government. (Para 10-11 of State Of Haryana vs Amin Lal (D) 2024 INSC 875)

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Which part of Article 54 of the Schedule to the Limitation Act would be applicable once there was no date fixed for performance in the Agreement to Sell?

Second part of Article 54 of the Schedule to the Limitation Act would be applicable once there was no date fixed for performance in the Agreement to Sell. (Para 5 of Shyam Kumar Inani vs Vinod Agrawal 2024 INSC 865 )

If the trespass incident had taken place in a restaurant, will it attract Section 452 IPC ?

In order to convict a person for the offence under Section 452, it has to be proved beyond reasonable doubt that the accused had committed a house trespass within the meaning of Section 442, on he having made preparation for causing hurt to any person, or putting him under fear etc. The “house trespass” being an essential ingredient for convicting a person under Section 452, it has to be proved by the prosecution that the accused committed the house trespass and criminal trespass by entering into or unlawfully remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, as contemplated in Section 442 IPC - In this case, the incident had taken place in a restaurant- Therefore it cannot be said to be either a place used for human dwelling or for worship or for the custody of the property. (Para 9-10 of Sonu Choudary vs State Of NCT Of Delhi 2024 INSC 864)