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...........
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...........
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..........
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...........
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..........
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...........
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..........
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...........
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...........
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...........