Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Husband at the time of filing of application was minor but at the time of passing of order granting maintenance he attained the age of majority i.e. approximately 20 years old - In such circumstances, before the date of attaining age of majority i.e. when he was minor, it was..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Minor husband - Wife refused to live with her husband during course of trial on account of facing harassment and cruelty, time and again on the part of husband - Wife has sufficient and cogent reason to live separately from her husband - Though there is no exact income of husband on record but..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Interest - Arbitral tribunal awarded interest in terms of MOU from date of cause of action till date of repayment as per S.31(7)(a) of the Act - As the arbitral tribunal had expressly provided interest till date of repayment, question of additional or compound interest u/s 31(7)(b) of the Act would..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Compensation - Liability of insurance company - Driver of offending vehicle had no valid license on the date of accident and licence was not renewed - Insurance company was entitled to take a valid defence in that regard u/s 149(2)(a)(ii) of the Act, as driver of offending vehicle was not duly licensed, to avoid its..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against brother-in-law - Vague and omnibus allegations were made against appellant - No specific details or any particular instance of harassment is provided by complainant - She has also not mentioned the time, date, place, or manner in which..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time to fulfill contract to execute sale deed not mentioned in agreement to sell - Though original date of agreement is 22.08.1994, plaintiff approached defendant nos. 1 to 3 demanding them to execute sale deed on 09.06.2003 and same was denied by defendants, suit was filed on 26.06.2003 -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
