Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Second motion not made within 18 months of filing of first motion - However, first motion was not withdrawn in the meanwhile - Parties are still in agreement regarding them wanting to honorably part ways and move ahead with their lives - Provision of S.13-B(2) of the Act is directory and not mandatory..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Essential Commodities Act, 1955, Section 3, 7 -- Offence u/ss 3, 7 of the Act - Prosecution has failed to place on record any subsisting control order, notification or statutory restriction in force on the relevant date, violation of which could constitute an offence u/s 3 of the Act - Conviction and sentence, set aside...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 485 -- Surety bond - Petitioner was set at liberty by co-ordinate Bench imposing condition to furnish surety within 15 days from his release - Merely because it is offered on 15th day, does not mean that he would not be entitled to benefit of order of Co-ordinate Bench - Petitioner released from prison with all conditions..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 18, Article 21 -- Rejection of plaint - Barred by limitation - Recovery suit - Acknowledgment of debt - Loan was advanced on 13.11.2015 and limitation period of three years prescribed u/art 21 of Limitation Act expired much prior to alleged acknowledgement dated 30.7.2020 - Acknowledgment of debt..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Cause shown not an explanation but a lame excuse - No case for exercise of discretion has been set up...........
Unlawful Activities Act, 1967, Section 44(2) -- Protection of witnesses - Special Court has not recorded a clear satisfaction that life of witnesses are in danger based on materials - Impugned orders protecting witnesses does not reflect consideration of materials on record before deciding measures to be taken for keeping identity of witnesses secret - No reasons at least..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
