Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Period of six months - Waiver of - Parties litigating for 6 years - Parties entered into compromise whereunder husband to pay Rs.2.25 crores to wife as full and final settlement of all disputes - Divorce petition filed by parties u/s 13-B - Held, period of six months waived in interest of justice in view..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
Punjab Panchayati Raj Act, 1994, Section 20(4) -- Sarpanch - Revocation of suspension - As per enquiry report, charges against petitioner were not found to be proved - Instead of revoking suspension order, respondents are sleeping over the matter and not passing any order on representation of petitioner - Held, suspension order ought to have been revoked in view of outcome..........
Criminal Procedure Code, 1973, Section 482 -- Police report - Negative final report - Cognizance taken - Magistrate not at all addressed to the consideration/reasons given by Police for submitting negative final report - Matter remanded to Magistrate to pass fresh order...........
Settled possession -- Tests which may be adopted as a working rule for determining the attributes of `settled possession' are : (i) that the trespasser must be in actual physical possession of the property over a sufficiently long; (ii) That the possession must be to the knowledge (either express or implied) of the owner or without any attempt at concealment by the..........
Criminal Procedure Code, 1973, Section 190(1)(b), 227, 245(1), 245(2), Indian Penal Code, 1860, Section 376(2)(g) -- Protest petition rejected and Magistrate took cognizance of offence u/s 376(2)(g) IPC - Order taking cognizance became final - Offence u/s 376(2)(g) IPC is triable by Court of Sessions and Magistrate has no jurisdiction to entertain an application u/ss..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Application before Magistrate - Procedure to be followed - Held, an aggrieved person is not necessarily required to approach service provider or protection officer - It is left to the choice of aggrieved person to approach Magistrate with an application u/s 12 of the Act - Therefore,..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 20, 64 -- Juvenile Justice (Care and Protection of Children) Rules, 2007, R.98 - Juvenile - Question of Juvenility raised before Supreme Court for the first time - Claim of Juvenility can be raised at any stage and even after final disposal of the case - Even after disposal of case of juveniles when..........
Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Constitution of India, 1950, Article 133, 16 -- Civil service examination - Result of - Direction to declare - Legality - Application form of respondent not received by appellants within the prescribed period - Held, appellants cannot be directed to declare final result of respondent...........
