Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Withdrawal of matrimonial case u/s 12(1)(a) and (c) of the Act does not preclude the Court to entertain petition u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B, 12(i)(a), (c) -- Annulment of marriage - Petition dismissed as withdrawn - Parties filing an application for divorce by mutual consent direct before the appellate Court - Held, appellate Court is not entitled to take up an application for divorce by mutual consent filed direct before appellate Court nor appellate Court while dealing..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 323, 504, 506, 406 -- Quashing of proceedings - Cheating - Allegation that husband of complainant was duped by committing fraud by accused thereby Tractor was sold by way of hypothecation with Bank was held to be with material defects - PWs categorically said that all accused in..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties living separately for a period of one year next before presentation of divorce petition - They have not been able to live together - Parties mutually agreed that their marriage should be dissolved - Marriage between parties dissolved by decree of divorce by mutual consent...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Director - Quashing of proceedings - High Court while entertaining a petition for quashing shall not consider defence of accused or conduct a roving inquiry in respect to merits of accusations but if documents filed by accused are..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 504, 506 -- Quashing of summoning order - Cheating - Complaint filed for offences of fraud, abuse and extension of threat - Complainant and his witnesses were examined u/ss 200, 202 Cr.P.C - They are in corroboration with complaint and on basis of these evidence collected during enquiry by..........
Arbitration and Conciliation Act, 1996, Section 16, Constitution of India, 1950, Article 227 -- Dismissal of application u/s 16 of Arbitration and Conciliation Act - Writ petition thereagainst can be entertained only if order passed is so perverse that only possible conclusion is that there is a patent lack in inherent jurisdiction - Patent lack of inherent jurisdiction..........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Custody of Child -- Writ of Habeas corpus filed by father - Child staying under care and custody of mother - Custody of child cannot be held by a person with no right or is otherwise illegal - Mother of child is a dentist and a well educated woman and she is capable of her livelihood, even if for present she does not have job in her home town - There is no justification..........
