Civil Procedure Code, 1908, Order 41, Rule 23, 25 -- Remand - Trial Court without taking into consideration of relevant basis of valuation and without giving any opportunity of evidence to parties has determined valuation of property solely on basis of Amin report - Additional Amin report is required in the matter and parties have also to be given opportunity of producing..........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Merely having an explicit clause may not be sufficient to make time the essence of contract...........
Indian Penal Code, 1860, Section 364, 366A, 376, 302, 201 -- Kidnapping, rape and murder of 5 years old girl - Death sentence - Low age of victim - Cannot be considered as only or sufficient factor for imposing death sentence...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - High Court while exercising its power u/s 482 Cr.P.C to quash FIR instituted against accused should have applied following two tests: (i) whether allegations made in complaint, prima facie constitute an offence; and (ii) whether the allegations are so improbable that a prudent man would not arrive at the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife was minor at the time of her marriage and she continued to reside at her parental home even after she attained majority - Husband was himself not initially interested in accepting wife and took her to matrimonial home only after she got a job - Such brazenly materialistic attitude of..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating said ground...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - Pleading - It may not be proper to split while reading the complaint so as to come to a conclusion that allegations as a whole are not sufficient to fulfil the requirement of S.141 of the Act...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Kidnapping and rape - Accused has no criminal antecedents - He is a father of five children and his eldest son is more than 18 years - There is no reason to apprehend that accused would indulge in similar acts in future - Sentence of 7 years held, sufficient..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Where divorce is sought on the ground of adultery, proof required to establish adultery need not necessarily be proof beyond a shadow of doubt - Proof by preponderance of probabilities would be sufficient...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Default in payment - Warrant for imprisonment - Husband was ordered to pay maintenance of Rs.8000 to wife and daughter - However, husband paid a paltry sum of Rs.10,000 towards part payment and failed to pay balance amount of maintenance - Husband has sufficient means to maintain wife and her daughter but..........
