Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty and desertion - Petition by husband - No particular incident of cruelty has been proved by husband - Allegations were sweeping in nature and devoid of specific details - Even the allegation that wife refused reconciliation on specific dates remains unsubstantiated because no witness who was present on those..........
Evidence Act, 1872, Section 45, 73 -- Provisions of Ss.45, 73 of Evidence Act can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting...........
Evidence Act, 1872, Section 73 -- Comparison of signatures by Court - Court can compare handwriting and signatures u/s 73 of the Act without aid of expert...........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of detenue - Where school record of detenue is impeccable, date of birth entered there has to be accepted by dint of S.94(2)(i) of the Act, there is no authority with Court to rely on medical evidence that comes last in the order of preference as to evidence of age u/s 94(2) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
