Whether Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences ?

Taking note of Order XXI Rule 32 of the Code of Civil

Procedure, we are of the view that it cannot be said that non participation in a proceeding of a restitution of conjugal

rights, of the party who seeks for transfer of such proceeding

is absolutely impactless. In fact, it has civil consequences

as is evident from the aforesaid provision. In such

circumstances and taking into account the distance of the

court where the case sought to be transferred is pending and

the place where the petitioner-wife is presently residing, we

are inclined to allow the captioned transfer petition.

Consequently, Transfer Petition is allowed. Accordingly,

petition for restitution of conjugal rights filed under

Section 9 of the Hindu marriage Act, the Hindu Marriage

Petition No. 01/2023 titled “Ankur Ashokbhai Pawar vs. Smt.

Poonam Ankur Pawar“ pending before the Court of Ld. District

Judge of Dadra & Nagar Haveli at Silvassa stands transferred

to the Court of Ld. Principal Judge, Family Court, Ahmedabad,

Gujarat.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.973 OF 2023

POONAM ANKUR PAWAR  Vs ANKUR ASHOKBHAI PAWAR 

Dated: 27.07.2023.

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Whether Non-Participation In A Proceeding Of A Restitution Of Conjugal Rights Has Civil Consequences?

 Taking note of Order XXI Rule 32 of the Code of Civil

Procedure, we are of the view that it cannot be said that non participationin a proceeding of a restitution of conjugal

rights, of the party who seeks for transfer of such proceeding

is absolutely impactless. In fact, it has civil consequences

as is evident from the aforesaid provision. In such

circumstances and taking into account the distance of the

court where the case sought to be transferred is pending and

the place where the petitioner-wife is presently residing, we

are inclined to allow the captioned transfer petition.

Consequently, Transfer Petition is allowed.

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.973 OF 2023

POONAM ANKUR PAWAR  Vs ANKUR ASHOKBHAI PAWAR 

Dated: 27.07.2023

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When should appellate court suspend the operation of the order of lower court during pendency of appeal?

The petitioner alleges that the decree of the trial court entails serious civil consequences and that pursuant to the decree, the plaintiffs are purchasing the stamp papers with the intention of selling the property and consequently the defendant has approached the Court seeking protection of his rights.

2. Having heard the learned Counsel for the petitioner-defendant and having perused the record, this Court finds that where a statutory remedy of an appeal is available and where serious civil consequences follow from an order, it is imperative for the appellate court to suspend the operation of the order.

3. In Mool Chand Yadav and Anr. v. Raza Buland Sugar Co. Ltd., Rampur and Ors. 1983 AWC 121, the Supreme Court held that where orders are challenged in appeal which orders have serious civil consequences, the judicial approach required that during the pendency of the appeal, the operation of the order should be suspended more so when the appeal had been admitted.

IN THE HIGH COURT OF ALLAHABAD

Decided On: 19.12.2008

 Bhagwan Shankar Bajpayee  Vs. District Judge and Ors.

Hon'ble Judges/Coram:

Tarun Agarwala, J.

Citation: 2009(3) Civil court cases 429 ALL

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Whether court can declare that there will be no civil consequences resulting from conviction?

 Obviously the power conferred by Sections 397 and 401 are actually
powers of superintendence/supervision over inferior Courts. The power
cannot be converted into the power of superintendence over the employer of

the person accused. None of the provisions of Sections 397 to 401 confer
any power upon the High Court to declare that there shall be no civil
consequences, resulting from the conviction. Therefore, what the High
Court did by its Order dated 23.11.2012, holding that the conviction shall
not affect the service career of the respondent adversely, was completely
outside the purview of its revisional jurisdiction and cannot be sustained.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.1852 OF 2019

NEW INDIA ASSURANCE CO. LTD. Vs  KRISHNA KUMAR PANDEY 
Dated:December 06, 2019.

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Whether government should recover damage rent from employee for overstaying in government quarter without issuing show cause notice?

The CAT has referred to the decision of this Court in K.B. Yadav vs. Union of India (W.P. No. 1885 of 2003 decided on 19.9.2003), in which, it is held that the action of recovery of damage rents without issuance of Show Cause Notice or compliance with principles of natural justice deserves to be set aside. To the same effect are the observations made by this court in case of Shri. N.C. Sharma vs. Union of India - MANU/MH/0301/2004 : 2004 (1) ATJ 481, where again it was held that the principles of natural justice have to be adhered and an opportunity will have to be given to the concerned employee before the recovery or adjustment are effected on the ground of any alleged unauthorised occupation of the Railway quarters. Since, the view taken by the CAT is in consonance with the ruling of the Division Benches of this Court, there is no good ground made out to interfere.

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 3327 of 2006

Decided On: 30.08.2018

 Union of India Vs. Sayed Naimuddin

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and M.S. Sonak, JJ.

Citation: 2019(1) MHLJ 653

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Whether old age pension can be stopped without following principles of natural justice?

Reality of the matter is that the impugned order dated 24.04.2015 of the 2nd Respondent, stopping the payment of Old Age Pension to the Appellant from October 2014, without issuance of prior notice or hearing the objections/representation of the Appellant, is invalid and illegal, because of the simple reason that not only by stopping the payment of Old Age Pension to the Appellant, it concerns of 'Civil Consequences' and also that the impugned order is in negation of the Principles of Natural Justice, as opined by this Court.

IN THE HIGH COURT OF MADRAS

W.A. No. 1362 of 2015

Decided On: 16.02.2016

R. Senbagam  Vs. Collector of Nagapattinam District and Ors.

Hon'ble Judges/Coram:

Satish K. Agnihotri and M. Venugopal, JJ.

Citation:AIR 2017(NOC) 1144 MAD

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Procedure to be followed by authorities while passing order having civil consequences

The expression "civil consequence" is of wider import. When an order passed by an authority involves a serious civil consequence, then such an authority is required to pass appropriate orders in accordance with law.  A fair hearing provided under the enactment should be reflected in the decision made. When such an exercise is required to be done by an authority who has been conferred with the power under the statute, the same has to be exercised in the manner known to law.  
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :       11.09.2014
Coram
The Honourable Mr.Justice SATISH K. AGNIHOTRI
and
  The Honourable Mr.Justice M.M.SUNDRESH

         W.A.Nos.1130, 1152, 1159 and 1163 of 2014        
Sri Muthukumaran Educational Trust

Vs.
The Secretary to Government,
   Citation;AIR2015(NOC)188 MAD

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Even an administrative order which involves civil consequences must be made consistently with rules of natural justice.

Even an administrative order which involves civil consequences must be made consistently with the rules of natural justice. The person concerned must be informed of the case of the State and the evidence in support thereof and must be given a fair opportunity to meet the case before an adverse decision is taken. In the present case no such steps were admittedly taken; the High Court was therefore right in setting aside the order of the State.

Supreme Court of India

State Of Orissa vs Dr. (Miss) Binapani Dei & Ors on 7 February, 1967

Equivalent citations: 1967 AIR 1269, 1967 SCR (2) 625

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