Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Application for anticipatory bail was rejected by High Court - However, Supreme Court vide its earlier order granted stay of arrest - Having regard to facts and circumstances of case, appellant should be granted benefit of provisions..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Illegal detention - Custody of child - Petitioner is only surviving parent of child and natural guardian - He neither abandoned nor neglected child - Due to death of mother of child, child was taken care by respondents (mother and sister of mother of child) - Child lost his mother when he was just two months and..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Challenge as to constitutional validity of S.143-A of the Act - Stay of entire proceedings - Entire proceedings u/s 138 of the Act cannot be stayed merely on the basis of a challenge made to constitutional validity of S.143-A of the Act, as if entire proceedings have to be stayed, it would amount..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Decree for possession - Once plea of collusion, fraud and fabricated settlement taken by defendant No.1 while objecting execution, has already been tested up to Supreme Court unsuccessfully, it was beyond powers of trial Court to have stayed the execution based on same plea - Impugned order of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Charge of cruelty not made out from the instances cited by husband - All six counts of charge of cruelty were in itself not only unsubstantiated and taken together also, did not constitute any such act of cruelty by wife against husband - On the contrary wife having suffered cruelty..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintainability - Custody of child - Claimed by father - Mother brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - However, High Court cannot direct mother to go to USA - Mother is an adult and no Court can force her to..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Constructive desertion - Petition by husband - Evidence on record shows that husband is himself responsible for creating circumstances forcing wife to stay away from matrimonial home - Wife along with minor child was left at her parental home and where she was compelled to live due to circumstances created by none..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offence u/ss 498-A, 406, 34 IPC - Allegation by husband that wife is not capable of sexual intercourse - However, accused personally present in Court and admitted that during stay of 24 days, they had sexual relations - Accused thus, bluffed and misled Court by..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 14(2) -- Eviction petition - Non-payment of rent - Benefit of S.14(2) of the Act - Meant for bonafide tenants and cannot be extended to those tenants who are neither paying admitted rent as per directions but also occupation charges as directed by Court to enjoy a stay order - As tenant in instant case is under repeated..........
Civil Procedure Code, 1908, Section 10, Maharashtra Co-operative Societies Act, 1960, Section 101, 91 -- Stay of subsequent suit - Petitioners seeking stay of proceedings u/s.101 of the Act till adjudication of dispute u/s.91 of the Act - Co-operative Court adjudicating dispute u/s.91 of the Act and Registrar of Co-operative Societies considering issuance of recovery..........
