Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Male child was delivered after six and a half months of gauna (marriage ceremony) - DNA testing was done with consent of wife and due procedure was adopted - Sample was taken in the presence of the Presiding Officer of Family Court and two witnesses - DNA test report specifically..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted with condition of furnishing FDR of Rs.15 lakhs - Accused was granted bail about three months ago and till date, accused is languishing behind the bars due to her inability to fulfill the condition imposed while granting bail - Imposing such onerous condition while granting bail defeats very purpose of granting..........
Will -- Due execution - Evidence of attesting witness has not only proved the execution of Will in favour of plaintiffs but also attestation of Will - Testator was in sound and disposing state of mind - Evidence and documents filed on behalf of plaintiffs remain unchallenged - Will proved on record - Letters of Administration issued in favour of plaintiffs...........
Custody of child -- Claimed by father - Mother of girl child died due to COVID infection - Father gave custody of child to sisters of deceased wife/respondents - Child who lost her mother at tender age cannot be deprived of company of her father and natural brother - Merely because of unfortunate circumstances faced by father as a result of which respondents were given..........
Service -- Transfer order - Regularization of period during which employee not joined the place of posting - Transfer orders had been set aside by Single Judge which was confirmed by Division bench - Respondent nos. 4 and 7 would be entitled to receive their salaries with effect from the date of judgment by Single Judge - However, since respondent no.4 remained absent..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Testimony of PWs is not in tune with the medical evidence - Serious inconsistencies in the statements of PWs and the prosecution story as narrated by informant in the FIR - Motive of crime not proved - No evidence was laid during trial that deceased was attacked by appellant with such considerable force that would have..........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Initial burden that deceased was travelling on the train and his death was caused by fall during the course of his travel was discharged by appellant - Burden of proof then shifted to Railways which has not been discharged by them - Presumption..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
