Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - Mere knowledge of submission of maintenance case is not sufficient, but information about the date fixed by trial Court to petitioner is also required...........
Criminal Procedure Code, 1973, Section 125 -- Ex parte maintenance order - No material available on record which shows that husband has any knowledge of fixing of maintenance case on the date on which an ex parte proceeding was drawn against him - Even, there is also no material on record that husband willfully neglected to attend the Court on that date - Ex parte..........
Criminal Procedure Code, 1973, Section 161 -- Statement of eye witnesses recorded u/s 161 Cr.P.C. one month after date of incident - Delay weighed heavily against prosecution to infer the possibility of these witnesses being planted witnesses...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife is herself gainfully employed being a part of teaching faculty at a respectable institute having monthly income of about Rs.60,000 - Further keeping in mind the fact that the son born to the parties has attained the age of majority, a lump sum alimony of Rs.10,00,000 be paid to wife within a period of three..........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Agreement to sell -- Suit for specific performance - Petty amount of approximately 14% of total sale consideration was paid - Even additional amount of Rs.5 lakh agreed to be paid by plaintiff while extending the time for execution was not paid - Prices of suit property in the last approximately 20 years have increased phenomenally and in these circumstances, it will not..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Element of cruelty alleged by husband was of date prior to settlement reached between parties - After settlement was reached, parties hardly cohabited as may have given rise to any ground of cruelty on the part of wife - Moreover, said acts of cruelty have to be treated as condoned or..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - DH had promptly filed for execution of decree immediately after expiry of 60 days from the date of appellate Court decree - No specific mode for payment/deposit of balance consideration was provided for in the decree - DH sought direction from Court to permit them to deposit amount in Court - Prayer to extend..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 250 -- Discharge - S.250 BNSS prescribes a period of sixty days to prefer an application by accused for discharge from the date of committal of case - However, in S.250(1) BNSS, word `may' is used which gives discretion to Court to relax the time limit - Therefore, even after expiry of sixty days, a petition for discharge..........
