Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Lawyer engaged passed away - Such averment made in application supported by an affidavit - Sufficient cause for non appearance established - Ex parte decree set aside...........
Hindu Marriage Act, 1955, Section 13(1)(vii) -- Divorce - Spouse not heard of being alive for 7 years - It is a ground for divorce - But just because a spouse was not heard of for 7 long years, other spouse cannot contract second marriage - He/She has to approach Court seeking divorce on that ground and thereafter can contract second marriage...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife contracted second marriage during subsistence of first marriage - Conduct of wife amounts to cruelty to former husband - Former husband is entitled to a decree of divorce - Divorce granted...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Trial Court acquitted accused on the ground of invalidity of sanction - However, High Court reversed the finding of trial Court and convicted the accused without appreciating the legal position regarding need for sanction or effect of its invalidity - Incident occurred 17 years back -..........
Civil Procedure Code, 1908, Order 13, Rule 4, Stamp Act, 1899, Section 36 -- Unstamped document - Document received in evidence without objection - A party that does not object to reception of unstamped document forsakes the right to cause an objection regarding inadmissibility of the document later...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Document be de-exhibited if the same is unstamped - In case document is stamped and registered and a copy is filed, then opponent party will have liberty of cross-examination of the witnesses subject to the issue of admissibility which will be considered at the time when Court delivers judgment...........
Madhya Pradesh Co-operative Societies Act, 1960, Section 64(1)(c), General Clauses Act, 1897, Section 13, Madhya Pradesh General Clauses Act, 1957, Section 5(b) -- Disputes - Arising out of `business transactions' - Meaning or interpretation - It does not mean solitary transaction between society and third party - Dispute must be between society and party who had series of..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Demand and acceptance of bribe proved - Vivid deposition of complainant corroborated by other witnesses - Presumption u/s 20 comes into play - No interference warranted...........
Prevention of Corruption Act, 1988, Section 7, 13 -- Sentence imposed higher than the minimum applicable at relevant time - Reduced to rigorous imprisonment for a period of two years and fine of rupees one lakh...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Since it is a matter relating to immovable property, it would be only appropriate that parties have full contest on the respective contentions by pleadings in trial - Ex parte decree set aside subject to payment of costs of Rs.25,000/-...........
