Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Physical cruelty - Non-production of doctor - Husband suffered injury on his private parts on account of assault allegedly made by wife - However, husband failed to prove the same by producing a doctor - Held, nature and manner of injury, must have put the husband to great deal of embarrassment and therefore, his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - No document pertaining to transit of sample from police station to FSL was exhibited and proved at trial - Failure to prove such document lead to irrefutable inference that link evidence is breached - Prosecution failed to prove fact that sample remained intact till same..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - Copy of FSL report was neither provided to accused, nor any question was put to accused regarding FSL report when he was examined u/s 313 Cr.P.C. - Failure of trial Court to put a specific question as regards FSL report has definitely prejudiced accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Employee's State Insurance Act, 1948, Section 85(a)(i)(b) -- Failure to pay contributions - Punishment - Reduction of fine - Non-payment of contributions is a economic offence - Minimum term of imprisonment and amount of fine has been fixed by legislature u/s 85 of the Act - There is no discretion of awarding less than specified fee under main provision - Discretion as per..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for determining real issues in..........
Stamp Act, 1899, Article 48 -- Stamp duty - Security bond - Where security bond was executed by surety or guarantor undertaking to pay debt in case of failure of principal debtor to pay said debt covered by promissory note to creditor, stamp duty is payable as per Art.48 of Act...........
Civil Procedure Code, 1908, Order 15A, Rule 2(As -- Striking off defence - Failure to deposit arrears of admitted rent every month - Court has power to strike off tenant's defence after giving him show cause notice U.O.15A.R.2 CPC...........
Transfer of Property Act, 1882 -- Eviction - Notice - Lease agreement executed between parties for a period of three years having no clause for extension of the same - Defendants failed to vacate suit premises after expiry of lease period - Notice u/s 106 of the Act was duly issued upon failure of defendants to vacate suit premises - No infirmity in the impugned order of..........
