Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Application by husband subjecting wife for medical examination - Wife herself has already gone to a gynecologist and got examined and admitted about irregular menstruation - It is thus, unnecessary to ask her to subject to medical examination on the order of Court - Even otherwise, when wife herself admitted..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Permission for change of land use/licence/NOC/any other permission granted once would not grant any immunity to said land for all times to come from its acquisition by State if it is required for "Public Purpose" as private interest will have to make way for public interest, on to touch stone of regard for..........
Land Acquisition Act, 1894, Section 4 -- Acquisition of land - Public purpose - If after achieving public purpose some land is left unutilized it can be utilized for any other public purpose or it can be sold by way of public auction to fetch higher money which ultimately will be utilized for public purpose and it is not to be re-conveyed to original land owner...........
Land Acquisition Act, 1894, Section 5A -- Acquisition of land - Landowners cannot claim rehabilitation as a condition precedent for either dispossessing them from acquired land or for upholding validity of acquisition proceedings neither can Court pass such directions given legislative scheme of the Act...........
Evidence Act, 1872, Section 45 -- Expert opinion - Documents in question sought to be examined from handwriting expert was sought after 10 years from its execution - If plaintiff disputes genuineness of subject documents, it is for defendants to establish the plea taken by them in their written statement as to execution of said documents by plaintiffs by leading cogent..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil court jurisdiction - Collector and Mamlatdar did not comply with the statutory provisions and did not act in conformity with the fundamental principles of judicial procedure - There is thus no bar of jurisdiction of civil court...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - Murder case - Extra judicial confession is a weak piece of evidence and unless there is some corroboration, conviction solely on the basis of extra judicial confession could not be sustained...........
Special Marriage Act, 1954, Section 12, 4 -- Solemnization of marriage under virtual mode - Bridegroom in USA and bride in India - Parties appeared before respondent after expiry of 30 days mandatory period, but bridegroom did not facilitate solemnization of marriage in his presence - Since parties have chosen to online mode and as per S.12(2) of the Act, marriage may be..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - No independent witness examined who would depose that accused committed offence on the ground that injured belonged to a community covered under SC/ST Act - Court below only on the basis of caste, held that offence was deemed to be committed -..........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Acid attack - Reduction of sentence - Punishment of 10 years imprisonment along with fine of Rs.25000 is too harsh as per offence u/s 326 IPC - Sentence reduced to 9 years incarceration with fine of Rs.2000 reason being complainant and injured would have been adequately compensated by Government as they invoked the..........
