Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Complaint by wife u/s 12 of Protection of Women from Domestic Violence Act by making serious allegations against husband - Dismissal in default - A party cannot be permitted to walk away by subsequently allowing the proceedings to be dismissed in default, or for want of prosecution - No party can be permitted to..........
Land Acquisition Act, 1894, Section 4, 23 -- Land acquisition - Award by Lok Adalat - Warrants issued for recovery of interest amount - State sought to recall the said order - Said order was not an ex parte order and it was binding on State and the same not having been challenged has to be given effect to for realization of decretal amount from the State - Appeal..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power of High Court - Meant to deal with situation in the absence of express provision of law to secure ends of justice such as: (i) where process is abused or misused; (ii) where ends of justice cannot be secured; (iii) where process of law is used for unjust or unlawful object; (iv) to avoid causing of harassment to..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2), 4, 6 -- Non-reporting of commission of offence u/ss 6, 8 of the Act - It is necessary for prosecution to establish first commission of main offence u/ss 4, 6 of the Act before making person liable u/s 21(2) of the Act - Once finding is recorded by criminal Court convicting accused for offences u/ss 4, 6..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Power of Magistrate - Expression "any offence" shows that no restriction is imposed on Magistrate to take cognizance only of the offence triable by Magistrate Court and not in respect of offence triable by a Court of Session - Even if case is triable by Court of Session, function of Magistrate is not to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Cannot be treated as `res judicata' but if same thing has been pleaded then that may be treated as an abuse of the process of Court and the application can be rejected on that ground...........
Indian Penal Code, 1860, Section 448 -- Criminal trespass - Quashing of order taking cognizance - Allegation against petitioner of forging lease deeds in relation to property of trust are false in view of final report which is accepted by Trial Court, thus allegation of criminal trespass against petitioner cannot be sustained, as possession of building of trust has been..........
Indian Penal Code, 1860, Section 409, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Accused being a director of company allegedly committed forgery, breach of trust and criminal misappropriation of company funds by engaging consultants for creating separate and independent company on website - However, in the absence of any act in..........
Civil Procedure Code, 1908, Section 35, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 118 -- Imposition of costs - Frivolous litigation - An no, agriculturist cannot purchase land in Himachal Pradesh without prior permission of State - Authorities directed him to produce required documents in specified time - But instead of filing requisite document, he..........
Constitution of India, 1950, Article 136, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Special Leave Petition - Maintainability - RUIAS agreed not to prosecute the suits against MGG - Continuance of SUITS-II and III is without any cause of action and an abuse of the judicial process - Therefore, no cause of action insofar as MGG and its officers, neither..........
