Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Wife started living in a separate room in same house and stopped taking to any of members of family - She used to cook food only for herself and that too separately - Wife frequently hurled abuses on her husband and even threatened to implicate him in a false case of dowry - More so, wife..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Irretrievable breakdown of marriage - Petition by wife - Wife alleges that husband forced her to share bed with his friends and colleagues - Such fact is supported by PW2 - Husband subjected wife to mental cruelty by pressuring and coercing her to do such act which cannot be justified and expected from..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Res judicata - Counter Claim - Suit and Counter claim has been decided by common judgment and composite decree has been prepared - Since two appeals are not filed against the judgment and decree by trial court, appeal was liable to be dismissed by invoking principles of res..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Commercial dispute - Defendant filed its written statement within 120 days of receipt of summons - He cannot be prohibited from filing counter claim only because it failed to raise same in written statement - Defendant thus, entitled to raise its counter claim only in respect of cause of action limited by..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count claim of defendant and legal right to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against family members of husband - General allegations of cruelty and dowry demand made against appellants - No specific incident, dates or details of any incident mentioned in complaint - Neither in complaint nor..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 376, 342, 406 IPC and S.3 of SC & ST Act - Allegations and counter allegations is a debatable issue arising over the fact whether prosecution has been set up as counter blast to proceedings initiated u/s 138 NI Act which could only be adjudicated at the time of final hearing of case before the..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2), 34 -- Application for appointment of arbitrator - Non-adjudication with regard to limitation and/or validity of the counter claim made and/or decision by Council operating as res-judicata - As per the mandate of the arbitral Tribunal appointed by the parties stood terminated with their withdrawal from the office..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Solely against co-defendants - Not maintainable...........
