Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act - Non-filing of certificate u/s 65-B of the Act at the time of production of electronic evidence would not vitiate the proceedings...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Complete denial of company to one's spouse, without any justifiable reason may itself amount to cruelty - It is not cohabitation on physical intimacy that may dictate the definition of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife never wished to revive her matrimonial relationship with husband and she deprived her marriage and her spouse any opportunity to share company - That conduct of wife is seen to have been committed and retained over 23 years, without any reason or circumstances leading to it -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - No exceptional circumstances proved by husband to deprive wife of minimal amount for sustenance of life and liberty of wife with minimal dignity - Status of wife remained as a homemaker with no independent source of income - Permanent alimony @ Rs.5 lakh is proper to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Relationship in the nature of marriage - Parties to the relationship in the nature of marriage must be persons qualified to enter into a legal marriage, including being unmarried...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child victim - Child who has suffered a traumatic experience of sexual assault is not to be called time and again to testify about the same incident...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child victim - Ample opportunities were given to defence counsel to cross-examine the victim - Victim examined and then cross-examined at length twice already then mechanically allowing an application for recall of victim, especially in trial of offences under POCSO Act would defeat the very..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Constitution of India, 1950, Article 227 -- Order u/s 29 of PWDV Act - Writ petition - Maintainability - Writ petition u/art 227 of Constitution cannot be preferred against a final order or judgment passed by Sessions Court in an appeal u/s 29 of PWDV Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
