Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition cannot be dismissed for the mere reason that exact date of marriage is not mentioned in divorce application...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of marriage - Parties filed affidavits regarding marriage - Photographs of marriage also annexed with the divorce petition - If Court finds that aspect of marriage is inconclusive then power u/s 165 Evidence Act should be exercised to put Court questions to the parties so as to verify the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal of petition that decree of divorce by mutual consent might be misused for procuring Government employment under `Divorce Category' - Finding unsustainable in view of the report of SSP - Order dismissing petition set aside - Divorce by mutual consent granted...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Mother deserted her matrimonial home leaving her minor child of 2 years old at matrimonial home and went to her parental home - Since the age of 2 years child is raised by husband uptill now - Child has more attachment with father - Mother of child appears to have not cared for either..........
Evidence Act, 1872, Section 3 -- Interested witness - A close relative cannot automatically be characterized as an `interested' witness - However, related witness statements need to be scrutinized more carefully...........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Testimony of mother of victim/PW2 - Allegation that accused went to house of PW2 and called him outside, when PW2 came out, accused fired at him with country made pistol - Incident took place in the night - PW3/mother of PW2 not acquainted with accused - It seems highly improbable..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Court Fees Act, 1870, Section 13 -- Refund of Court fee - Striking off plaint - Plaint had not been laid by mistake or inadvertence but with full knowledge - There is thus, a ignorance of law - Claim of plaintiff for refund of Court fee rightly rejected...........
