Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Divorced wife continues to be wife for limited purpose of claiming maintenance allowance from her ex-husband within meaning of S.125(1) Explanation (b) Cr.P.C - Wife thus, entitled to maintenance under provisions of S.125 Cr.P.C - Plea of husband that divorce granted on account of desertion by..........
Indian Penal Code, 1860, Section 304A, 279 -- Offence u/ss 304-A, 279 IPC - Plea that no test identification was conducted - Plea held, not tenable as owner of truck which accused was driving has categorically admitted that accused was working with him since last 4 months and was driving truck at the time of accident - Conviction upheld...........
Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Death by negligence - Plea that deceased was wearing helmet while crossing the road and due to which his movement of neck was restricted as a result of which he could not notice truck coming on the road - Plea held, not tenable as it cannot be said that wearing of helmet would absolutely restrict..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership on the basis of sale deed - It is always open for the defendant, who is stranger to the Sale Deed, to raise a plea that either the Sale Deed is not binding to him or the same was without consideration or it was a nominal Sale Deed or void or fictitious, for that matter, collusive and not intended to..........
Hindu Marriage Act, 1955, Section 13(1)(i), Hindu Marriage (Punjab) Rules, 1956, Rule 10 -- Divorce - Adultery - Non-impleadment of adulterer as party - Spouse alleging adultery, has to implead alleged adulterer as a party - In the absence of said adulterer as a co-respondent, plea of adultery cannot be accepted...........
Civil Procedure Code, 1908, Section 86 -- Suit against foreign State - Consent of Central Government - Plea that Courts cannot inquire into validity of decision taken by Central Government except when permission is refused - Held, not tenable as Central Government is bound to follow standards they themselves had set in S.86(2) CPC on the pain of their action being..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Second appeal - Suit for declaration of title - Plea of adverse possession - Plaintiff alleges that he is in possession for last 30 years i.e. since the year 1947 for which cause of action had arisen in year 1977 however, suit was filed in year 2015,..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 26(d) -- Recovery of 10 bags of poppy straw - Violation of conditions of licence - Plea of defence that violation of conditions of licence can be punished only u/s 26(d) NDPS Act - Not tenable - As the contravention of licence in relation to poppy straw has been dealt with in S.15 NDPS Act and S.26 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Recovery of 10 bags of poppy straw - Plea of defence that truck was standing near village `P' as it could not enter villages from where goods were purchased due to rain - However, no effort has been made by defence to prove that there was any rain on that day - Accused rightly convicted...........
