Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Non-disclosure or suppression of material facts would be covered by `any other sufficient cause' used in O.47.R.1 CPC, which furnishes a ground for review and is wide enough to include such a cause...........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - At the stage of issue of process opinion which is required to be recorded by Magistrate taking cognizance of offence is that there is sufficient ground for proceeding against accused...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Words used in written statement cannot be taken as a ground of divorce, as grounds of divorce have to be set out in plaint itself and must be available to petitioner at the time of filing of divorce petition...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - General allegations levelled by husband in divorce petition - No specific date or any incident narrated in the petition or in evidence of husband or his witnesses - Allegation regarding wife used to quarrel with her mother-in-law by using abusive language, also not proved - Even..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Mere filing of proceedings u/s 125 Cr.P.C and Ss.498-A, 323, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act, cannot be treated as a ground of cruelty of wife against her husband, particularly when wife and child are forced to live separately from husband...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Allegation regarding desertion by wife leaving her matrimonial house with her brother and brother-in-law without informing husband and her in-laws, not proved, as name of brother-in-law has not been disclosed in the petition or evidence of husband and his witnesses - Evidence of PW3,..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Irretrievable breakdown of marriage - Decree of divorce granted on the ground of irretrievable breakdown of marriage by Family Court is erroneous, when both the grounds of cruelty and desertion for seeking divorce had not been proved by husband - Family Court could not have granted divorce except on grounds mentioned..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Not barred by limitation on the ground that it had been filed beyond a period of 3 years from date of declaration of loan account of Corporate Debtor as NPA, if there was an acknowledgement of debt by Corporate Debtor before expiry of period of limitation of three years, in which case period..........
Criminal Procedure Code, 1973, Section 200, 482, Insecticides Act, 1968, Section 17, 18, 33, 29, 24(4) -- Cognizance of offence - Without conducting inquiry and ordering investigation - Offence u/ss 3(k)(i), 17, 18, 33, 29 of Insecticides Act - Where public servant in exercise of powers under provisions of Insecticides Act has filed complaint enclosing several documents..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Earlier application filed by husband for divorce on the ground of desertion was dismissed - Even husband preferred application seeking restitution of conjugal rights which was also dismissed and thereafter relatives and mediators requested wife to join with husband but she informed..........
