Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Wife not willing to withdrawn criminal proceedings pending against husband and his family members - In criminal prosecution husband and his family members were sent to jail and they had to remain there for considerable long period of time before they were enlarged on bail - Parties not..........
National Security Act, 1980, Section 3(2), Criminal Procedure Code, 1973, Section 439 -- Detention u/s 3(2) National Security Act - Bail - Detention on ground of inflammatory speeches inciting communal hatred, promoting ill-will between classes and communities and disharmony between groups of communities - Accused released on parole/temporary bail on his giving an..........
Contract Act, 1872, Section 134 -- Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment...........
Criminal Procedure Code, 1973, Section 437(3) -- Bail - Court while granting bail shall impose the conditions viz. (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted subject to furnishing bail bond and deposit a sum of Rs.11 lakhs - Condition imposed is onerous - Condition of deposit deleted...........
Probation of Offenders Act, 1958, Section 4(1) -- Release on probation - Object thereof - Held, it is only in cases where court having regard to the circumstances of case including nature of offence, age, character and antecedents of offender and with object of reforming offender and save him from hardened criminals already detained in prison, considers it expedient to..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of vehicle - Owner of vehicle not himself involved in offence - Vehicle lying at police station in open - No other claimant - Vehicle ordered to be released to petitioner on furnishing bond...........
Criminal Procedure Code, 1973, Section 107, 116, 482 -- Proceedings u/ss 107/116 - SDM without calling report form police, issued notice to the applicants - Order to execute a personal bond of Rs.1 lac and to furnish two sureties each in like amount to keep peace for a period of one year - Additional Sessions Judge confirmed the order - Held, proceedings u/s 107/116..........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - Some of the illustrative and not exhaustive circumstances are : (i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty; (ii) On comprehensive..........
Constitution of India, 1950, Article 324, Representation of the Peoples Act, 1951, Section 29A, Conduct of Elections Rules, 1961, Rule 5, 10 -- Right of party to use symbol - Reserved symbol is available only for recognized parties - Thus, there is a bond created between recognized political party and its symbol - Party which remains only in the records can never be..........
