Precedent -- Courts are bound to follow legal position settled by High Court or Apex Court as the case may be and it is impermissible for them to re-write the legal position, that too without adhering to any valid reason...........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 is mandatory in a case where one of accused is residing at a place outside the jurisdiction of Magistrate - Non-compliance thereof will result into failure of justice...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for the last 12 years - Twelve years of separation is sufficiently long period of time to have sapped all emotions which two perhaps may have had once for each other - Continued bitterness, dead emotions and long separation in the case can be construed as a..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Divorced wife has no case that she is having any title or ownership over property in question - She was trying all means to continue in the property by filing cases one after another against her husband and in-laws - No domestic violence was committed against wife as found by Magistrate..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 323, 335 -- Nature of offence - Accused had dealt one lathi blow on the head of deceased causing three injuries - All the injuries are simple in nature - It is thus, a case of simple hurt attracting mischief of S.323 IPC instead of S.335 IPC - Accused convicted u/s 323 IPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Restraining defendants from interfering with possession of plaintiffs - Right of plaintiff over suit property are still to be established - Possession of plaintiff over suit property also not established - Trial Court rightly dismissed the application after recording prima facie..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Irregularity in the service of summons - Ex parte decree not to be set aside if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Defendant after having read the summons refused to accept the same - Provision of O.5.R.17 CPC complied with - Where a defendant refuses to accept summons, Court shall declare that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
