Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to hand over the possession of land - Defendants utilized the land for construction of road way back in the year 1980 - Witnesses of defendants admitted that no consent was procured from plaintiffs before construction of road in their presence - Defendant/State is bound to pay the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Inconvenience of the parties to appear before Court cannot be a ground to waive off the cooling period - Basic purpose of making a provision for cooling period is to think over the decision of getting separated...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Following conditions are to be satisfied: (i) All efforts of mediation and conciliation including efforts in terms of O.32-A.R.3 CPC, S.23(2) CPC and S.9 of Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Male child was delivered after six and a half months of gauna (marriage ceremony) - DNA testing was done with consent of wife and due procedure was adopted - Sample was taken in the presence of the Presiding Officer of Family Court and two witnesses - DNA test report specifically..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Termination of pregnancy without consent of husband comes under purview of cruelty...........
Registration Act, 1908, Section 17 -- Registration - Consent decrees - Decrees creating rights for the first time in favour of defendant in immovable property valued at more than Rs.100 - Since decrees were nor registered, same could not be held to have transferred any right in favour of defendant...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion was not only proved but also admitted by husband - Parties were living separately since 2015 without consent of spouse and there was no reasonable cause for leaving the matrimonial house - Divorce granted...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Can only be granted if parties have been living separately for a period of one year or more, are not able to live together and mutually agreed to dissolve the marriage...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 126(2), 78(1), 79, 351(2), Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - Offence u/ss 126(2), 78(1), 79, 351(2) of BNS and S.12 of POCSO Act - Petitioner/accused has been allegedly stalking victim for quite considerable time, but call..........
Hindu Law -- Joint Family Property - Gift by Karta - Karta has no right to execute gift deed in respect of part of joint family property without the consent of other coparceners...........
