Criminal Procedure Code, 1973, Section 125(4) -- Interim maintenance - Challenge to - On ground that wife herself has withdrawn from the company of husband without any sufficient cause - Ex-parte decree u/s 9 of Hindu Marriage Act, 1955 against wife - Held, ex-parte judgment and decree of restitution of conjugal rights is not binding, when wife took the specific case that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Contraband recovered from accused bearing name of company, date of manufacturing, date of expiry, batch number etc. - However, no efforts made by I.O to enquire from concerned company or its wholesaler as to who purchased this huge quantity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - Cannot be denied maintenance merely because she remained in the company of her mother for last 25 years...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to unmarried major daughter - Daughter neglected by father for the last 25 years - Most valuable and natural right of daughter to enjoy company of her parents washed away and that is still continuing - Now being refused even monthly maintenance for her survival and improvement of educational qualification itself is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of complaint - Complaint filed by company through its Director - Director was authorized to file complaint in view of valid resolution passed by Company - Contention of petitioner that Director was not an authorized person to file the complaint rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband himself pleaded that when wife came out of matrimonial home in 2001, he accompanied her and started living with her in her parents house - Father of husband supported this testimony of husband and aunt of husband also corroborated the same - Both husband and wife used to stay..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seen together - Time lag between the occurrence of death and when accused was last seen in company of deceased, is considerably large - When time-lag is considerably large, it would be safe for Court to look for corroboration - No corroboration forthcoming - In..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife aborted child without husband's consent coupled with fact that she withdrew company of husband without any reasonable cause and other incidents proved by husband are cumulatively sufficient to prove mental cruelty to husband - This cruelty is grave enough to make a spouse unable..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Industrial Fire risk policy - Arbitration clause - Clause in policy specifically stated that if insurer disputed or not accepted liability, no difference or dispute shall be referred to arbitration - Insurance company repudiated the claim by denying to accept liability - No inference can..........
Words and phrases -- Privilege - Meaning - A particular and peculiar benefit or advantage enjoyed by a person, company or class beyond common advantages of others...........
