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ORISSA HIGH COURT

Year of decision: 2023
Details

Indian Contract Act, 1872, Section 23 -- Agreement - If two or more Courts have jurisdiction to adjudicate upon a dispute between parties and by consent both the parties chose one of such Court to decide a dispute between them, then jurisdiction of all other Courts is ousted - Such an agreement is not hit by S.23 of the Act...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 23(1) -- Divorce - Cruelty - Condonation - Due to unenviable position, a wife may not be in a state to raise her voice and express her dissent, which cannot be construed as a passive consent...........

CALCUTTA HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2023
Details

Co-owners -- Eviction suit - One of co-owners can file a suit for eviction of a tenant in the property generally owned by co-owners on the basis of doctrine of agency and that consent of other co-owners is assumed as taken unless it is shown that other co-owners were not agreeable to evict tenant...........

KERALA HIGH COURT

Year of decision: 2023
Details

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376 -- Rape - Distinction between "mere breach of promise" and "giving a false promise to marry" - Only a false promise to marry made with an intention to deceive a woman would vitiate the woman's consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise...........

MADHYA PRADESH HIGH COURT

Year of decision: 2023
Details

Indian Penal Code, 1860, Section 376(2)(N), 506, 34 -- Rape - Prosecutrix was in physical relationship with accused for a long period - She herself went with accused to a house where incident occurred - It cannot be said that her consent was obtained by misconception of fact - At the most, it can be said to be a breach of promise to marry - Moreover, near about more than..........

MADRAS HIGH COURT

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Mere living away from one of parties to marriage is not desertion, if it is accompanied by a reasonable cause and if it is without consent or against the wish of such party...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Settlement arrived at between parties - In terms of settlement decree of divorce by mutual consent granted in exercise of power u/art 142 of Constitution - Both the parties shall comply with their respective obligations in terms of settlement...........

MADRAS HIGH COURT

Year of decision: 2023
Details

Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction and for damages - Defendant without consent of plaintiff mortgaged his property with the bank and availed financial facilities - Relief of permanent injunction and grant of Rs.1,00,000/- as damages for mental agony suffered by plaintiff, upheld...........

Showing : 11-20 of 2311 Results