Hindu Marriage Act, 1955, Section 24, 11 -- Maintenance pendente lite - Void marriage - Even if a Court comes to a prima facie conclusion that marriage between parties is void or voidable, pending final disposal of proceeding under the Act, Court is not precluded from granting maintenance pendente lite provided conditions mentioned in S.24 of the Act are satisfied - While..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - Apprehension of petitioner as to likelihood of bias or conflict of interest on part of counsel, who has been appointed as a Special Public Prosecutor to conduct the case on behalf of State prosecution in connection with earlier case is misplaced - Not only are victim and..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Witness - Same witness for both the parties - Witness scribed two Wills, one in favour of plaintiff and other in favour of defendant - Scribe can be examined independently by plaintiff and defendant...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Attempt to murder - Settlement - Quashing of proceedings - Nature of weapon and nature of injury shows that overt act attributed to appellants does not bring the case within four corners of S.307 IPC - At the highest, offence alleged could be one u/s 326 IPC - Moreover, parties have..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife endured physical abuse and emotional distress leading to irretrievable breakdown of marriage - Keeping such a broken marriage intact would only perpetuate suffering for both parties - Divorce granted...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of interveners - Probate proceedings - Dispute is with regard to genuineness of Will - Opposite parties claimed that testatrix was their aunt and said property is joint property - Genuineness of Will is required to be proved in probate case - Testatrix being a teacher has put her thumb impression on..........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Quantum of sentence - Sentence of 12 years R.I. granted by Appellate Court - Since maximum sentence u/s 307 IPC, if life is avoided, can only be a maximum of 10 years, considering the entire circumstances, relationship between the parties and injuries caused, sentence of 7 years R.I. would suffice u/s 307 IPC...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Order granting maintenance passed without complying the directions of SC in Rajnesh Vs. Neha case - Non-compliance of such directions does not render the order granting maintenance vitiated under law - Purpose of filing affidavit of disclosure of assets and liabilities is to clarify stand of parties in..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Allegation against distant relatives of husband - No allegations of harassment made against petitioners - Parties never shared a residence and her parents approached petitioners for resolution of issues - It does not appear that petitioners were..........
