Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Averments made with regard to cruelty are vague and baseless without any factual foundation - Husband in order to prove his plea of dissolution of marriage is required to state specific instances of cruelty with precision in the plea - Mere ordinary wear and tear of marriage life does..........
Civil Procedure Code, 1908, Order 21, Rule 10 -- Decree for return of gold ornaments or its value - Court is obliged to state in such a decree to pay value of gold ornaments in money terms as an alternative relief - If value is not quantified, direction shall be to pay value at the time of making payment - If value of gold ornaments is quantified and amount is stated in..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Inter State transfer - S.25 CPC applies to inter State transfer of a suit, appeal or other proceeding where both the States have a High Court in terms of Art.214 of Constitution and not to a transfer where both States have a common High Court u/art 231 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Custody of child -- Claimed by mother - Writ of habeas corpus - Custody of children with their father and grandparents cannot be held to be unlawful or illegal, as children have crossed the age limit of 5 years - Moreover, children expressed their desire to live with their father and grandparents - It cannot be held that custody of children with their father and..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land in question was already used for sewerage lines which is being used for public purpose and for residents of locality - Even, part of land cannot be released as claimed by petitioners, particularly when acquisition has been completed including payment of compensation and land vested in State government free..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land acquired for widening of road - When the entire acquisition proceedings have been concluded including declaration of award, passing of award and payment of compensation, acquisition with respect of said land which is required for widening of road ought not to have been quashed - State was justified in not..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Presence of accused in the house of victim, taking victim inside the room by holding her hand, removing her pant etc. proved by prosecution - Presumption about culpable mental state of accused proved u/s 30 of the Act - Testimony of victim inspires confidence - Plea of false implication..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
