Hindu Marriage Act, 1955, Section 13, 14 -- Divorce - Petition filed within one year of marriage - Mere fact that divorce petition was not decided within one year or soon thereafter and it was decided after expiry of much time, bar contained u/s 14(1) of the Act remained relevant and petition may not become competent by passage of time, as cause of action may only be seen..........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Declaration of civil death by civil Court u/s 108 of Evidence Act would not lead to a presumption with regard to date and time of death - Said declaration is based on a statutory presumption, which comes into play only after the lapse of seven years and not prior...........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - If an individual does not wish to rely on the presumption as provided u/s 108 of Evidence Act he is well within his/her right to prove by cogent evidence that the date and time of death is prior to seven years - If an issue arises as to date or time of death the same shall have to be determined on..........
Indian Penal Code, 1860, Section 420, 468, 471, 504, 506, 120B -- Cheating - Quashing of FIR - FIR in question is a counter blast to complaint of petitioner lodged with malafide intention to harass petitioner - Allegations levelled in the FIR are not supported by any linked evidence - Only allegation made against petitioner in FIR is the date of birth was wrongly mentioned..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - School certificate has been produced to prove the age of victim - However, author of said certificate has not been examined and it is marked in the evidence of I.O. - I.O. has no personal knowledge regarding date of birth of victim - School certificate do not answer..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - In determining compensation for acquired land, Court must consider the `market value' of the land as on the date of publication of the notification u/s 4 of the Act...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between car and motorcycle - Death of motorcyclist - Car had suffered damages in the accident which proves the involvement of car - Even car driver admits that bus was 100 feet away when motorcycle hit the car - PW-6, an eyewitness, has narrated the accident - Deceased died as a result of accident involving the..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to wife and minor children - Monthly income of husband is 75000 p.m - He also earns a further sum of Rs.16,000 p.m from other sources of income - Primary obligation to maintain the dependents is not diluted through artificial reduction of income - Interim maintenance rightly awarded to wife - However,..........
