Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - It is one where no evidence is required and on the basis of reading of plaint or applicable law, if jurisdiction of Court or bar to suit is made out, then such issue is required to be decided in the first instance so that process of civil court is not abused by the litigants, who may approach civil court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Even one false complaint against the other spouse amounts to cruelty...........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case regardless of fact whether there is a conviction or acquittal has been recorded, employee is not to be discharged/terminated axiomatically from service just by stroke of pen...........
Service -- Discharge/termination - Suppression of material information and false declaration regarding criminal case - At the threshold, complainant filed his affidavit that complaint on which FIR came to be registered was due to misunderstanding and he did not want to pursue his case any further but still charge sheet came to be filed and on the first date of hearing,..........
Indian Penal Code, 1860, Section 376, 90 -- Rape - Consent - False promise of marriage - Prosecutrix was more than 18 years of age at the time of incident - Accused stayed in the house of prosecutrix as tenant for eight months before being ousted - Prosecutrix was aware about marital status of accused while she continued to have sexual relationship with him - Relationship..........
Criminal Procedure Code, 1973, Section 340 -- False statement - False statement made in application u/s 45 of Evidence Act did not have any impact on outcome of said application - Not a fit case to proceed against respondents u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 340 -- False statement - If false statement affects the very nature of order passed by Court, then that can be one of circumstance where proceedings u/s 340 Cr.P.C. can be initiated...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false complaint - Mere acquittal or dismissal of complaint per se would not be sufficient to reach a conclusion that complaint was false or fictitious...........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib), Indian Penal Code, 1860, Section 498A, 313, 323, 506 -- Divorce - Cruelty and desertion - Wife left company of husband in 2022 and efforts of husband to bring her back went in vain - Wife made false criminal complaints against husband - Also made complaints to Senior Officers of husband - Conduct of wife in filing a..........
