Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If a husband doubts the character of his wife, the wife has every justification for not living with her husband and if wife chooses to live separately from her husband, husband as a wrong doer cannot take advantage of his wrong doing and claim that his wife has deserted him...........
Hindu Marriage Act, 1955, Section 13(1A), 23(1)(a) -- Divorce - Non resumption of cohabitation by wife after passing of decree of restitution of conjugal rights in favour of husband - Resumption of marital life made impossible by conduct of husband - Held, if a party to decree for restitution of conjugal rights has made resumption of matrimonial life impossible by his own..........
Indian Penal Code, 1860, Section 96,97,98,99,100 -- Right of private defence - Exercise of - Held, (i) Right of private defence is available only when there is reasonable apprehension of receiving injury; (ii) It cannot be used to do away with wrong doer unless person concerned has reasonable cause to fear that otherwise death or grievous hurt might ensue; (iii) It is for..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration of ownership - Restraining defendant from dispossessing plaintiff - Ejectment proceedings initiated by defendant against plaintiff - Shows possession of plaintiff - Injunction cannot be refused merely on the ground that ejectment proceedings u/s 163 of Himachal Pradesh Land Revenue Act are..........
Indian Penal Code, 1860, Section 304(Part II), 304A -- Rash and negligent act - Death - Culpable homicide not amounting to murder - Applicability of S.304(Part II) - Held, in a case where negligence or rashness is cause of death and nothing more S.304-A may be attracted - But where rash or negligent act is preceded with knowledge that such act is likely to cause death..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(b) -- Electricity supply - Theft of electricity - Penalty - Revisional jurisdiction - Concealment of facts - False averments - Punitive costs - At the time of checking the admission made by the petitioner that he had been drawing electricity directly from the poll for his poultry farm to save his birds as his meter and..........
Equity -- A wrong doer ought not to be permitted to make a profit out of his own wrong...........
Constitution of India, 1950, Article 14 -- One cannot invoke Article 14 of the Constitution to claim equality with another wrong doer...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Obstruction - D.H. is to be put into possession - To put behind bars or to attach property of wrong doer is no relief to the D.H. - Relief to D.H. is only by giving respect to the Court's decree...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Initiation of legal proceedings for redressal of the rights or for punishment to the wrong doer - Cannot be said to be acts of cruelty...........
