Indian Penal Code, 1860, Section 498A -- Cruelty - Simply sending an e-mail mentioning the factum of giving three talak to wife amounts to a form of mental torture...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegations that wife was quarreling with husband without any reason are not sufficient to form any opinion that husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of wife - Divorce..........
Arbitration and Conciliation Act, 1996, Section 36(3) -- Stay of execution of arbitral award - Form of security required to be furnished should not depend on whether a party is a statutory or other governmental body or a private entity - Therefore, High Court ought not to have based its decision on the condition for grant of stay on the status of respondent as a statutory..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Directions issued viz. (a) Court not to insist physical presence of spouses at the time of presenting the petition at the first instance and future hearings ; (b) Petition can be filed by parties or through Power of Attorney holder provided Power of Attorney is registered one or properly adjudicated; (c)..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased died due to injuries sustained by firing of bullet - PW1 and PW2 clearly demonstrated in their deposition that accused were having weapons and on exhortation by other accused, appellant shot the deceased - Source of light in the scene of crime was explained by PW2 in his evidence - Evidence of PW3 proved that..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Formal defect is sine qua non in order to invoke provision contained U.O.23.R.1 CPC - Term formal defect generally refers to a defect in form or procedure that does not impact the merits of the case...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 6 -- Murder - Fire arm injury - Incidence of firing, immediately followed by arrest of appellant with the rifle which was used in the shooting, all form part of same transaction and therefore relevant u/s 6 of Evidence Act - I.O has given the description of place of occurrence to..........
Divorce Act, 1869, Section 10(1)(i)(x), 11 -- Divorce - Adultery - Petition by husband - Medical evidence in the form of DNA report proved that after marriage wife had illegal intimacy with another man - Report of DNA was neither disputed nor challenged by wife - Husband thus, proved that wife was leading an adulterous life - Divorce granted to husband...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Allegation against sister-in-law - Accused is a married woman and at the relevant point of time admittedly, she was residing with her family at her matrimonial home - No specific evidence has come in the form of any of PWs that may connect accused to the commission of the crime - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan of Rs.3,60,000/- without interest - Loan given in May, 2016 - Cheque of Rs.1,80,000/- towards part payment issued in July, 2019 - Presumption - Not rebutted - Merely because complainant is unable to produce documents to support existence of debt (usually in the form of a friendly loan..........
