Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Respondents No.1 & 2 were minors at the time of filing of suit - Natural guardian of respondents was not acting in consonance with the interest of minors - No steps were taken by Court to issue notice to get the minors to be represented through next friend or by appointing Court guardian -..........
Criminal Procedure Code, 1973, Section 445 -- Cash deposit in lieu of surety - Applicant a Foreign national, not having any relative or friend who can stand surety for him and he may not be in a position to take help of any person in India - Cash deposit is equally efficacious than other system - Applicant permitted to deposit cash amount of Rs.50,000 in lieu of surety -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Death by strangulation - Allegation that accused committed murder of their friend by strangulation in the hotel room where they stayed as they were foreign nationals who visited India as tourists - Post mortem report of deceased shows that there is no symptoms of strangulation - Non recovery of..........
Indian Penal Code, 1860, Section 323, 325 -- Hurt - Plea of accused that injuries suffered by injured are at the hands of friends of injured and is falsely implicating him - No evidence on record to establish the presence of said friend at time of occurrence - Target of falsely implicating the accused could be achieved with few minor injuries but complainant suffered so..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Husband nowhere stated in his evidence as to when wife deserted him - Merely because wife stayed away to complete her studies cannot be said that she had deserted husband - Rather, evidence shows that husband had no accommodation and he is staying with his relatives and even not applied for any..........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Next friend of minor need not necessarily be one of guardians enumerated in S.6 of Hindu Minority and Guardianship Act and it is also not necessary that next friend must be appointed by Court as legal guardian...........
Civil Procedure Code, 1908, Order 32, Rule 4 -- Suit by minor - Maintainability - Where suit is filed by natural mother of minor as next friend for enforcement of right of minor in ancestral property of adoptive family, suit cannot be held to be not maintainable...........
Will -- Suspicious circumstances - Conduct of first respondent in summoning her friend to be an attesting witness and in taking testator to the office of Sub Registrar - Does not warrant any adverse conclusion...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband contended that reckless and wild allegations were made by wife against his character in the presence of his friends and relatives which amounts to cruelty - However, nothing was mentioned in the divorce petition that wife said so in the presence of any friend and relative - No such friend and..........
Indian Penal Code, 1860, Section 498A, 114 -- Cruelty - Though girl friend of husband is not falling within ambit of `relative' but she can still be an abetter to an offence u/s 498-A of IPC - Contents of FIR reveals that girl friend a root cause of offence u/s 498-A IPC, her implication in FIR, held, proper...........
