Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - S.17 gives a choice to plaintiff to choose territorial jurisdiction of a Court, if different Courts have jurisdiction...........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Conviction - Held, a young lady, aged 23, had to commit suicide because of the continuous harassment and ill-treatment extended by her husband, on account of demand for a car of his choice and the gold..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Termination of pregnancy by wife - Wife cannot be forced to give birth to a child - Right of a woman to have reproductive choice is an insegregable part of her personal liberty as envisaged u/art 21 of Constitution - Moreover, neither husband had adduced evidence that wife terminated..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b), Medical Termination of Pregnancy Rules, 2003, Rule 3B, Constitution of India, 1950, Article 21 -- Termination of pregnancy - A woman's right to reproductive choice is an inseparable part of her personal liberty under Article 21 of Constitution...........
Lambardar -- Appointment - Order of Collector shows that factum of absence of petitioner has been noted however that has not been made basis of order - Petitioner has been found unsuitable for appointment as Lambardar as there was a criminal case registered against him and Lok Ayukta has found him guilty of embezzlement of panchayat funds, apart from an order passed in a..........
Protection to life and liberty -- Muslim marriage - Boy is 21 years of age and girl is 16 years of age - Girl was competent to enter into a contract of marriage with a person of her choice as per Muslim Personal Law - Merely because petitioners have got married against wishes of their family members, they cannot possibly be deprived of fundamental rights as envisaged in..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree - Executing Court before passing an order U.O.21.R.32 CPC, is required to record a finding that JD has wilfully disobeyed decree and in the absence of said material, Executing Court is left with no choice but to dismiss execution petition ...........
