Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Accusation and character assassination of wife by husband in his written statement as well as in evidence in chief, would constitute a mental cruelty - Wife held, entitled to decree of divorce...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - On the basis of examinatio, i, chief - Examinatio, i, chief cannot be excluded from wording of `evidence' term used in S.319(1) Cr.P.C...........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Delay of 12 hours of opening doors for daily puja/nitis - Held, Chief Administrator of Temple, for time being, to take appropriate steps against such servitors/incumbents, who create obstruction in seva/puja/niti and are involved in misbehavior and misconduct..........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Schools for children of servitors - Directions issued that: (i) Temple Managing Committee to allot suitable place for the school for children of servitors; (ii) School should also cater to other members of public, and not exclusively for children of such..........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Large number of piligrims visiting everyday - Directions issued to the Temple Administration and Chief Administrator including State Government to prepare a road map with help of experts for having proper darshan by devotees/pilgrims and to implement it..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Admittedly, issues were framed - Landlord concluded his evidence - Tenant also filed his affidavit as his examination-in-chief in his affirmative examination and he has even cross-examined..........
Indian Penal Code, 1860, Section 302, 384, 34 -- Murder - All important PWs not fully supported prosecution case - Brother of deceased/PW1 though in examinatio, i, chief has supported prosecution case but later when he was cross-examined after one year of his examinatio, i, chief not supported prosecution case - Cross-examination of PW1 was adjourned for about 30 dates -..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - If the lawful possession of the secured asset is not with the borrower, but with a lessee under valid lease, the secured creditor cannot take possession of secured..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - Where Chief Metropolitan Magistrate/District Magistrate is satisfied that a valid lease is created before the mortgage and the lease has not been determined in..........
