Specific Relief Act, 1963, Section 41(h) -- Suit for mandatory injunction - Plaintiff had ample opportunity to file suit for specific performance but failed to do so - Duty is cast on plaintiff to show and satisfy Court that suit as brought by him is properly constituted and maintainable in law - Courts below rightly held that suit for mandatory injunction is not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Wife refused to return to matrimonial house and refused to live with husband - She stated that she had performed marriage under pressure of her parental family and she was in love with respondent no.5 - Wife wants to stay with respondent no.5 - She stated that neither she claimed any maintenance from..........
Indian Penal Code, 1860, Section 302, 307, 143, 147, 148, 324, 326, 427, 449, 149, Arms Act, 1959, Section 27(1), Explosive Substances Act, 1908, Section 3(a), 4(a)(i) -- Murder - Identification of accused - Incident is of the year 2006 and accused arrested in the year 2008 - Identification parade of accused not held and accused was shown to witnesses by police -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Plea of non-compliance of S.50 of the Act - Recovery was not effected during personal search of A-1 - Contraband was being carried in a polythene bag held by A-1 in his hand - Hence, there was no requirement for the Seizure Officer to have acted under the provisions of S.50 of the Act before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Indian Penal Code, 1860, Section 34 -- Common object - Fight between deceased and A-2 - A-1 handed over gun to A-2 asking him to have better aim and shoot deceased, which he did not do - Thereafter A-1 took the gun back and shot the deceased - That does not mean that A-2 played a role in instigating A-1 to commit the offence - A-2 cannot be held liable u/s 34 IPC for..........
Evidence Act, 1872, Section 3 -- Medical evidence and oral evidence - Minor discrepancies in the evidence of a prosecution witness is not given undue emphasize but where the ocular evidence seriously challenges the medical evidence, prosecution case must be held inconsistent...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the technical..........
