Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - In the absence of proof that wife filed false dowry demand complaint, merely filing a complaint before All Women Police Station would not amount to cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations made by husband are false and baseless - No satisfactory and cogent evidence has been led by husband to prove the allegations of cruelty against wife - Ground of cruelty not proved - Divorce petition rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Initiating proceeding under PWDV Act and Restitution of conjugal right do not by itself constitute cruelty - But lodging of various false, baseless reports by wife with police authorities against husband, his father, brother and brother-in-law and instituting civil proceedings showing herself as wife of PW2..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation against wife are non-specific and only based on the proceedings initiated by wife against husband u/ss 498-A, 494 IPC - Dispute between parties in proceedings u/s 498-A IPC is settled based on compromise and proceedings u/s 494 IPC is stayed - It cannot be said that false..........
Consumer Protection Act, 1986, Section 2(1)(r)(1) -- Consumer complaint - Unfair trade practice - Complaint against producer of a movie that contents of promotional trailer are not shown in the movie - Promotional trailer does not fall under any of the instances of "unfair method or unfair and deceptive practice" contained in S.2(1)(r)(1) of the Act that pertains to unfair..........
Indian Penal Code, 1860, Section 392, 34 -- Offence u/ss 392, 34 IPC - PW1 and PW2 stated that accused along with one another looted two mobiles and Rs.500 cash from them - They have duly identified the accused in TIP and before trial Court as author of crime - Looted mobiles were seized from his possession - Accused had no enmity or prior acquaintance with PW1 and PW2 -..........
Indian Penal Code, 1860, Section 376D, 452 -- Rape - Delay of 60 days in lodging FIR - No documentary evidence has been produced to prove the age of victim - No external or internal injury found on the body of victim as per medical record - Testimony of PW1 and PW2 cannot be termed to be wholly reliable - Even, testimony of victim cannot be treated as that of a sterling..........
Insurance Act, 1938, Section 45, Evidence Act, 1872, Section 102 -- Insurance claim - False information - Onus to prove - Onus was on the insurer to show that insured had fraudulently given false information and that said information was related to a material fact...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Against publication of an article - Ex parte ad interim injunction should not be granted without establishing that the content sought to be restricted is `malicious' or `palpably false' - Injunction against publication of material should be granted only after a full-fledged trial is..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Making frivolous and false allegations of dowry harassment against husband is an act of cruelty...........
