Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce by mutual consent - Waiving of waiting period - Where there is no possibility of rapprochement and parties are not willing to live together coupled with the fact that they have been living separately for considerable time, High Court can dispense with cooling period, otherwise required to be given to parties to think..........
Hindu Marriage Act, 1955, Section 13, 13B -- Divorce petition - Conversion into a petition for divorce by mutual consent - Parties not willing to live together - There is no possibility of rapprochement and parties have been living separately for considerable time - Compromise arrived at between parties - There is thus, no impediment in converting application u/s 13 of the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Withholding mutual consent in a failed marriage is nothing but cruelty...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Cuttings/additions in the cheque at the place meant for mentioning the date have not been verified, whereas signatures of accused are there in correction which have been made with regard to amount - Cuttings in the cheque have not been made with the consent of parties -..........
Hindu Marriage Act, 1955, Section 13B, Contempt of Courts Act, 1971, Section 2(b) -- Divorce by Mutual consent - Withdrawal of consent by wife at the stage of second motion - Cannot be termed as contempt of Court...........
Indian Contract Act, 1872, Section 23 -- Agreement - If two or more Courts have jurisdiction to adjudicate upon a dispute between parties and by consent both the parties chose one of such Court to decide a dispute between them, then jurisdiction of all other Courts is ousted - Such an agreement is not hit by S.23 of the Act...........
Hindu Marriage Act, 1955, Section 23(1) -- Divorce - Cruelty - Condonation - Due to unenviable position, a wife may not be in a state to raise her voice and express her dissent, which cannot be construed as a passive consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim stated that force was applied by accused while he engaged himself in sexual intercourse that too against her consent - She not only withstood the test of cross examination, defence counsel by way of cross-examination has extended support to prosecution case - Victim of an offence u/s 375 IPC is best witness to prove the..........
