Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Separation of parties for more than 2 years on the date of filing of divorce petition and animus deserendi on the part of wife is well evident - Since in her statements wife clearly denied to return back and categorically deposed that she does not wish to live with her husband and is not interested for..........
Evidence Act, 1872, Section 3 -- Interested or related witnesses - Merely because witness is an interested or related witness, her deposition cannot be discarded - Deposition of such witness is required to be scrutinized closely...........
Service -- Selection process - Challenge as to - Appellants during pendency of challenge to recruitment process, are appointed and now working on a higher post - They are not interested to prosecute present civil appeals any further - Appeals disposed of as having become infructuous...........
Indian Penal Code, 1860, Section 324, 341, 504, 506 -- Offence u/ss 324, 341, 504, 506 IPC - I.O. has not explained as to non-mentioning of names of alleged eye-witnesses in complaint - Delay in recording statement u/s 161 Cr.P.C and also delay in submitting the same before Court will create suspicious circumstances about presence of alleged eye-witnesses - Evidence of PW1..........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Objections - Once proceedings conclude in award and possession is taken without challenge, Court would not entertain any belated grievance from interested person...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation that wife deserted husband - However, no specific date of desertion was mentioned by husband which clearly suggests that in order to get advantage in divorce case, said false allegation of desertion was alleged against wife - Husband has not filed any petition for..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(iii) -- Divorce - Cruelty - Petition by husband - Husband stated that he learned about the birth of his child only 4-5 days later and he did not visit the child - This conduct of husband shows his own negligent attitude towards both his child and his wife - Witnesses examined on the side of husband are interested witnesses..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
Evidence Act, 1872, Section 3 -- Interested witness - Merely because witnesses were related, that would not make them interested witness...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
