Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Refusing to sever ties can also constitute mental cruelty where there has already been a long period of separation between the husband and wife...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Murder case - Applicant was a juvenile on the date of occurrence - He does not have criminal history - Applicant has been in confinement for an unduly long period of time and trial has not concluded within time frame contemplated by the Act - More so, mother of applicant..........
Limitation Act, 1963, Section 5, 3 -- Limitation - Law as to - (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;..........
Limitation Act, 1963, Section 5, 3 -- Limitation - Law as to - (i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself; (ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;..........
Hindu Marriage Act, 1955, Section 13A -- Divorce - Long period of continuous separation has resulted in matrimonial bond wrecked beyond repair - Marriage between parties has become a fiction - Wife filed a criminal case against husband u/ss 498-A, 504, 506 IPC but charge sheet was submitted only u/s 406 IPC and for rest of offences no evidence has been found against..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in Uttar Pradesh Prevention of Cow Slaughter Act - Petitioner is the registered owner of vehicle - Ownership of vehicle is not in dispute - No useful purpose will be served in keeping the vehicle stationed at police station in open yard for a long period allowing it to be damaged..........
Indian Penal Code, 1860, Section 342 -- Offence u/s 342 IPC - Sentence - Accused has remained in jail during trial for about 20 days and after conviction till the jail sentence was suspended he remained in jail for a period of about three months and 20 days - Incident took place in 1997 and accused was on bail during trial and also during appeal - No purpose would be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are residing separately since 2011 and there has been no contact whatsoever between them during this long period of almost 13 years - Wife is not even responding to summons issued by Courts - She is no longer interested in continuing the marital relations with husband - Marriage..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
