Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 28 -- Ex parte divorce decree - Setting aside - In view of S.21 of Hindu Marriage Act, applicability of provisions of O.9.R.13 CPC cannot be ousted...........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Testimony of PW3 - PW3 stated that deceased `A' told PW1 in hospital that accused and co-accused poured kerosene oil and set her and her daughters on fire - In the cross-examination, PW3 admitted that he gave a statement to I.O. according to whatever PW1 told him - When he was confronted with his..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Neither did respondent No.1 and co-respondents nor so-called attending doctor of respondent No.1 stepped into witness box to prove that respondent no.1 was ill - Assuming that respondent No.1 was so sick which prevented him from..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Kidnapping and sexual assault - Whether or not the finding regarding age of victim is correct or not, or manner in which was sought to be proved before Trial Court was in accordance with law or not, is a question that is open for consideration in jurisdiction u/s 374 Cr.P.C as..........
Indian Penal Code, 1860, Section 363, 311, 370(5) -- Offence u/Ss.363, 311, 370(5) IPC - Bail - Issue is whether the High Court committed any error in passing various orders releasing the accused persons on bail? - It is established that a court considering a bail application cannot undertake a detailed examination of evidence and an elaborate discussion on the merits of..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Limitation - S.12 of Limitation Act applies while calculating limitation period u/s 34(3) of A&C Act...........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Reckoning of period of limitation - While calculating limitation period of 3 months u/s 34(3) of Arbitration Act, day on which respondent received a signed copy of award must be excluded as per S.12(1) of Limitation Act - Since 3 months time expires..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
