Civil Procedure Code, 1908, Order 26, Rule 10A, Evidence Act, 1872, Section 112 -- DNA test - Compelling such tests without imminent need, imperils not only the sanctity of marriage, but legitimacy of the child and also becomes violative of the fundamental rights to privacy and dignity, as obtaining under Article 21 of the Constitution of India - No material is placed..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - It has to be established that the woman had been subjected to cruelty continuously/persistently or atleast in close proximity of time of lodging of complaint...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife though worked before her marriage in the year 2009 and for some time in Singapore, however, there is no material to prove that she refused to work despite opportunity or she resigned from job though she was getting a good salary - In absence thereof, wife should not have been denied maintenance -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when case was posted for final arguments - Plaintiff who got prepared the plaint, signed and verified has not shown due diligence at all - If plaintiff had shown due diligence at the time of filing plaint at the very inception in plaint all amendments now sought to be made should have been..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred in a spur of moment without premeditation when appellant was in a state of inebriation due to quarrel between appellant and his wife - Death of deceased was caused by a single fatal injury on head caused due to blunt impact - No weapon explaining injury seized - Deceased was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff filed a suit for declaration of ownership on basis of sale deed and also challenged the subsequent sale deed in favour of respondent no.1 - Application for impleadment of another buyer of subsequent sale deed was filed after 8 years of filing of suit - On the date of filing application..........
Unauthorised construction -- High Court vide impugned order took appropriate action against unauthorized constructions across the city of Calcutta - It is thus, high time that High Court in larger public interest takes up this issue and ensures that each and every unauthorized construction across the city of Calcutta is dealt with appropriately in accordance with law...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where there is a decree for specific performance, extension of time for payment does not amount to modification of decree - Court does not lose jurisdiction after granting a decree for specific performance nor does it become functus officio...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Extension of time to deposit balance sale consideration - Where decree for specific performance was passed in favour of plaintiff wherein only two months time was granted to deposit balance sale consideration, Court below while dismissing application for extension of time to deposit sale..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Future medical expenses - Claimant was aged about 21 years at the time of accident - If amount of future medical expenses is restricted only for a further duration of 25 years, it would meet such expenses till claimant attains the age of 46 years - Amount granted towards future medical expenses..........
