Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Burden of proof - In a proceedings u/s 12 of the Act, burden lies heavily on husband to prove the foundational facts justifying annulment of marriage - Non-appearance of wife does not amount to admission of allegations and husband must discharge the legal burden of proof..........
Civil Procedure Code, 1908, Order 22, Rule 12 -- Death of Judgment debtor during pendency of execution proceedings - LRs of deceased JD to be brought on record - Merely because JD was proceeded against ex-parte, it does not give any right to DH not to bring on record his legal representatives after his death...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the signed undertaking by him - Fact which was admitted by him need not to be proved by complainant during course of trial - Moreover, there was sufficient evidence to show that legal notice was duly served on petitioner - Conviction upheld...........
Practice and Procedure -- Mere submission of an explanation cannot validate a legal or procedural illegality...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Nothing on record to indicate that investigation has been carried out in violation of legal principles or that material evidence is being deliberately withheld or ignored - Merely because case put forth by petitioner has not been found to be true by Police, cannot be considered a cause, good..........
Adverse possession -- Person who claims adverse possession must show on what date he came into possession, what was nature of his possession, whether factum of his possession was known to legal claimants and how long his possession continued - He must also show whether his possession was open and undisturbed - These are all questions of fact and unless they are asserted..........
Adverse possession -- Plea of adverse possession is not always a legal plea - Indeed, it is always based on facts which must be asserted and proved...........
Agreement to sell -- Specific performance - Legal notices issued discloses plaintiff's readiness and willingness - Defendants did not dispute plaintiff's readiness and willingness except making allegations in respect of earlier agreement, which has not even seen the light of day - Defendants failed to substantiate their plea of forgery and fabrication - Relief of specific..........
Criminal trial -- Provisions relating to pre-arrest and post arrest bail - S.35 BNSS refusal to remand by Judicial Magistrate, discharge of accused by trial court and even acquittal for want of proof beyond reasonable doubts, are means to achieve broad goal to prevent curtailment of liberty without legal necessity - However, these provisions are not substitutes for one..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
