Hindu Marriage Act, 1955, Section 13(1)(ib), Family Courts Act, 1984, Section 17, Civil Procedure Code, 1908, Order 14, Rule 2 -- Divorce petition - Issues not framed by Family Court - Court thus not applied legal procedure while passing the impugned judgment - Impugned judgment is illegal and perverse which cannot be sustained...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Neither husband discharged his marital obligations nor maintained his wife and children - Even, husband and his four sisters tortured the wife and forced her to flee from residence of husband to save herself - Moreover, husband disputing paternity of younger child - Further,..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d)(i)(ii), 20 -- Illegal gratification - Presumption - Accused serving as clerk in vacancy section of District Employment Exchange office allegedly demanded Rs.200 to issue call letter for job to complainant - PW1 stated that complainant gave money to accused who kept the same in his shirt pocket - However,..........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Cheating - Assets disproportionate to known source of income - Prosecution case is silent about property which accused had possessed before check period and property which accused had purchased during check period - I.O had nowhere stated as to what was income..........
Indian Medical Council Act, 1956, Section 10A, 33 - - Establishment of Medical College - Denial of Essential Certificate by State Government - On the ground of lack of infrastructure - However, State Government not considered any of requirements stipulated in Form No.2 of Rules - Moreover, State Government cannot brush aside its responsibility under law, merely stating..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Discharge sought immediately after filing of charge sheet - Court cannot become an Appellate Court and start appreciating evidence by finding out inconsistency in the statements of witnesses - It is not legally permissible - No prima facie case..........
Constitution of India, 1950, Article 136 -- Appeal to Supreme Court - Appeal against conviction awarded on wrong factual premise filed by only one accused - Benefit of re-hearing of appeal to no, appealing co-accused whether extended - An order which is based entirely on wrong factual premise once held illegal by Superior Court at instance of one accused, cannot be allowed..........
Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Appeal - Interim order, restraining defendant from interfering or doing any illegal activities in relation to suit property granted during pendency of application for temporary injunction without recording reasons - Order is interlocutory order and not temporary injunction..........
Criminal Procedure Code, 1973, Section 328, 329 -- Trial of case - Accused suffering from unsoundness of mind - Accused was suffering from Schizophrenia - Trial Judge did not permit accused to let in any evidence to prove factum of unsoundness of mind - Neither Superintendent nor treating doctor examined as a witness in Court - Procedure adopted by Sessions Judge from..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction that disconnection of electricity is illegal - Electricity restored within three days of its disconnection - Suit itself has become redundant...........
