Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False allegations in written statement - Wife making false allegations against husband of having illicit relations and extra marital affair - Constitutes mental cruelty of such nature that husband cannot be reasonably expected to live with wife - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - False criminal proceedings initiated by wife against husband - Husband suffering traumatic experience because of arrest and confinement in prison - It amounts to mental cruelty - Husband is entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 23, 13(1)(ia) -- Divorce - Wife making false allegations in written statement - Wife initiating false criminal proceedings against husband - Amounts to cruelty - In reconciliation effort wife willing to live with husband - However, facts of case indicate that marriage between parties was dead both emotionally and practically - Continuance..........
Indian Penal Code, 1860, Section 147, 307, 149 -- Five accused armed with weapons assaulted victim in midnight when he was sleeping in his house - Brother of victim and a neighbour claimed to be eye witnesses - Defence of denial and false implication - Motive assigned found to be weak, infirm and tenuous - One victim armed with gupti but no punctured wound found on victim..........
Criminal Procedure Code, 1973, Section 340 -- Exparte divorce decree alleged to be obtained by furnishing false signatures of wife on summons - Signatures of wife taken in Court did not tally with that on summons - Held, merely for this reason husband cannot be said to have committed fraud in collusion with process server - Such fact by itself is not a ground for..........
Civil Procedure Code, 1908, Section 35, 35A, 95 -- False, frivolous or vexatious claims - Costs - The costs have to be actual reasonable costs including the cost of the time spent by the successful party, the transportation and lodging, if any, or any other incidental cost besides the payment of the court fee, lawyer's fee, typing and other cost in relation to the..........
Civil Procedure Code, 1908, Section 64(2) -- Concept of registration introduced by S.64(2) by way of amendment of the Code is introduced to prevent false and frivolous cases of contracts being set up with a view to defeat the attachment - If the contract is registered and there is subsequent attachment, any sale deed executed after attachment will be valid - If it is..........
Civil Procedure Code, 1908, Order 5, Rule 9 -- Summons - Service by courier - Danger of false reports of service - It is required to be adequately guarded - High Courts can make appropriate rules and regulations or issue practice directions to ensure that such provision of service are not abused so as to obtain false endorsement...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Insult - Member of Schedule Castes - Meeting of members of Schedule Castes - No intentional insult of members of S.C. - Words used by accused were 'Yaha Chamar Panchayat Ho Rahi He' - These words are neither offending nor insulting - Caste hatred & rivalry between parties -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313 -- Opium - Recovery of 5 Kg. - Conviction by Sessions Court - Acquittal by High Court by holding that evidence of PW1 with whom two sealed parcels were deposited and PW5 to whom property was handed over and who in turn got it deposited with Chemical Analyst not put..........
