Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Continuous and sustained behaviour of a spouse is what makes a ground for divorce - Allegations of cruelty should be specific and duly supported by evidence - Unlike criminal cases, it is the preponderance of evidence which has to be considered...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife aborted child without husband's consent coupled with fact that she withdrew company of husband without any reasonable cause and other incidents proved by husband are cumulatively sufficient to prove mental cruelty to husband - This cruelty is grave enough to make a spouse unable..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), Indian Penal Code, 1860, Section 409 -- Misappropriation of Government money - Evidence of PW3 and PW6 shows that money was entrusted with accused by PW3 - Accused not disputed the receipts of such amount from PW3 - Though there was delay in making entry of said receipt of amount from PW3 which is about 1 month..........
Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Requisite travel expenditure allowed to attend the case - Travel by train or travel by flight - It is not for husband to decide as to what mode of transportation the wife should take in order to attend the hearing - If wife decides to travel by air and not by train even then husband cannot escape his liability to..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of documents - Suit for declaration, confirmation of possession and for permanent prohibitory injunction - Defendants not even raise a little finger when sale deeds in favour of plaintiffs and prior owners being exhibited - No objection was raised by defendants while certified copies of sale deeds were being..........
Prevention of Food Adulteration Act, 1954, Section 13 -- Sample of Ghee - Variation between reports of Public Analyst (PA) and Director - Certificate of Director shall supersede the report of PA - S.13(3) Proviso of the Act, makes such a certificate final and conclusive evidence, puts it beyond any shadow of doubt that report of PA loses any significance in proceedings as..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of other Court - Satisfaction of Court is required regarding record in question and if such satisfaction is arrived at by Court below, then normally same should not be interfered with by supervisory Court...........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of record of criminal case - Categorical observation of Court below while allowing application that documents in question were not in control of plaintiff and therefore, concerned Court required the said documents for appropriate adjudication of suit, seems to be well justified - No interference warranted in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Sheer consumption of "kaali mirch" (pepper) cannot be said to be a reason to raise allegations for attempt of suicide, as consuming pepper cannot be a method to commit suicide or to induce miscarriage, particularly when delivery was live and no harm was even caused to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife yielded to join matrimonial consortium on some occasions when she was in her paternal home - Rather wife was subjected to cruelty and was assaulted and abused by husband - Personal belongings of wife were ransacked and she was subjected to demand of dowry and torture - Character..........
