Marriage -- Compulsory registration - Marriage should be made compulsory registrable in the State where marriage is solemnized - Central and State Govts. directed to take steps in this direction so as to frame rules for registration of marriage (ii) Officer appointed under the Rules should be duly authorized to register the marriages by clearly indicating the age, marital..........
Custodial torture and illegal detention -- Compensation can be awarded in proceedings under Article 32 or 226 - Before awarding compensation Court has to pose to itself the questions : (a) Whether the violation of Article 21 is patent and incontrovertible, (b) whether the violation is gross and of a magnitude to shock the conscience of the court, (c) whether the custodial..........
Clean hands -- Party who makes false allegations does not come to Court with clean hands - Not entitled to equitable relief of specific performance...........
Agreement to sell -- Specific performance - An equitable relief - Party seeking equitable relief must come to Court with clean hands - Party who makes false allegations does not come with clean hands and is not entitled to equitable relief...........
Indian Penal Code, 1860, Section 392, 397 -- Conviction by trial Court, upheld by High Court - Appeal against - Snatching of Rs.62,000/- but recovery of Rs.15,000/- only; complainant and injured witness turning hostile; witness of recovery turning hostile - Held, as witness of recovery admitted signatures on recovery memo as such it was rightly held by Courts below that..........
Indian Penal Code, 1860, Section 326, 323, 34 -- Grievous hurt - Appeal against acquittal - Discrepancies as to time of occurrence and that of arrival of injured and police in hospital - Prosecution has not come to Court with clean hands - Plea of alibi of one accused proved - Once the testimony of prosecution witnesses is found false with regard to the implication of one..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iii) -- Impairing value and utility - Inspection of shop by building expert - If expert is permitted to inspect the shop after removing the false ceiling, no prejudice is to be caused to any party particularly when ejectment is sought on the ground of material impairment and that building is unsafe for human..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Ground to set aside ex parte proceedings not only found to be incorrect but also totally false - Petitioner in fact put in appearance and was proceeded exparte but the proceedings were sought to be set aside on the ground that he was never served - Held, such a false plea does not..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder - Unexplained delay of 10 hours in lodging FIR - Possibility of intervening period of 10 hours having been utilised by prosecution in manipulations and concoction of a false version cannot be ruled out...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Allegation by wife in written statement that her husband was having illicit relations with his 'Bhabhi' (Brother's wife) - Failure to prove the allegation - Levelling of false allegation regarding illicit relations of husband tantamounts to cruelty - Husband is entitled to decree of divorce...........
