Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Revision - Cheating - Forged document - Revision court is neither required to interpret provision of Tenancy Act nor determine validity of sale deed, but has to see whether prosecution`s case regarding production of forged agriculturist certificate before..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Call detail records of wife - Marriage does not grant husband automatic access to wife's private information, communications and personal belongings - Production of call detail records would lead to violation of wife's right to privacy and right to life and personal liberty - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by wife - Wife stated that husband was incompetent to make physical relations with her - Husband was in habit of taking liquor and threatened wife for killing her on account of which she also lodged a criminal case against husband - Wife also lodged a criminal case for dowry demand against husband - Husband..........
Hindu Marriage Act, 1955, Section 13, 9 -- Divorce - Mere non compliance of decree of restitution of conjugal rights for a period of one year in itself is sufficient to grant decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Non-resumption of conjugal rights despite there being decree of restitution of conjugal rights would come under definition of desertion...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have been living separately since last 15 years and during said period, there is no cohabitation between them - Hence, after such long period possibility of shattering of emotional intimacy, mutual respect and trust between them cannot be ruled out - Divorce rightly granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband has placed sufficient evidence on record to establish sustained cruel pattern of behaviour on the part of wife, where she has used abusive language and misbehaved with husband - Wife addressed husband as impotent person having stinking body and she always used to utter that she found it shameful..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Compromise - Compromise has been entered into between parties before Mediation and Conciliation Center - Parties are entitled to refund of Court fee...........
