Constitution of India, 1950, Article 32 -- Writ jurisdiction - Declaration of public holiday - Expansion of list of gazetted holidays is a matter of administrative calibration and any indiscriminate addition would adversely impact governance and public productivity - Jurisdiction u/art 32 of Constitution is meant for enforcement of fundamental rights and cannot be expanded..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband and wife hardly lived together for a couple of months and initial bickerings were not properly sorted out and both of them are living separately - Husband has not made out a case for cruelty either physical or mental - Divorce petition rightly dismissed...........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Custody of child -- Claimed by parents - Writ of habeas corpus - Corpus is major and she with free will and volition voluntarily married respondent No.7 after attaining majority and she has expressed her intention to live and stay with him only - She persisted on her decision to live with respondent No.7 who is her husband - It cannot be said that she has been illegally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
