Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Conduct of husband in driving away his wife at a vulnerable stage, after seeking judicial assistance to resume cohabitation, amounts to matrimonial misconduct and disentitles him from seeking relief on the principles of fault theory embodied in S.23(1)(a) of Hindu Marriage Act -..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment or cruelty in the remote past cannot ipso facto amount to instigation or abetment to commit suicide unless conduct is proximate to act of suicide...........
Will -- Deprivation of wife - Denying status of wife - Testator has nominated wife to receive pension - It demonstrates testator's conduct in accepting wife as his lawfully wedded wife - This circumstance gives rise to serious doubt that Will was executed as per dictates of testator...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court should not conduct a mini-trial at the stage of considering an application u/s 319 Cr.P.C., as expression used is `such person could be tried' and not `should be tried'...........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Probation of Offenders Act, 1958, Section 3, 4, Indian Penal Code, 1860, Section 279, 337 -- Benefit of probation - Offence u/ss 279, 337 IPC - Petitioner has actually undergone sentence of 1 month and 26 days out of total sentence of 3 months - No criminal antecedents against petitioner - Benefit of probation of good conduct granted to petitioner - Conviction and sentence..........
Agreement to sell -- Specific performance - Ready and willing - Prime requirement for granting specific performance is proving plaintiff's readiness and willingness to perform the contract - Readiness can be demonstrated through oral or documentary evidence, such as proof of financial capacity or availability of funds - Whereas, willingness refers to purchaser's state of..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Desertion is not to be tested by merely ascertaining which party left matrimonial home first - If one spouse is forced by conduct of other to leave home it may be that spouse responsible for driving out, guilty of desertion...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Appellant after setting deceased on fire, took the children out of house and had latched the door from outside when deceased was still burning inside - He prevented anybody else to help deceased - Evidence in the form of two dying declarations of deceased and direct evidence of daughter of appellant corroborates the..........
